Charles Sink v. Rogers Morton, Secretary of the Interior

DONALD RUSSELL, Circuit Judge:

From an injunction issued by the District Court against the enforcement of a notice of violation and four withdrawal orders issued by an authorized representative of the defendant Secretary of the Interior under the provisions of § 814(c), 30 U.S.C. 1 “until * * * an administrative determination of the issues involved” in such notice and orders has been had, the Secretary has appealed. We reverse.

The issue is a narrow one: Was the plaintiff required to exhaust the administrative remedies available to him under the Act for challenging such actions of the Secretary…