Elgin A. McKenna as of the Estate of Patrick A. McKenna Deceased v. Stewart L. Udall, Secretary of the Interior

MeGOWAN, Circuit Judge:

The parties being in agreement in the District Court that there were no disputed issues of fact, the case was disposed of on cross-motions for summary judgment, and the complaint dismissed. In support of this judgment here, appellee urges not only that the result so reached reflects an accute appraisal of the merits of the controversy but also that it is warranted by the absence in this litigation of indispensable parties. Since' we think the latter is clearly true, we affirm on that ground and do not reach the merits.

I

Beginning in 1942, the Department of the Army…