Waterman v. Somervell

KNOX, District Judge.

The motion to dismiss the complaint must be granted. Under the Emergency Relief Appropriation Act, 1933, Executive Order No. 6442, 15 U.S.C.A. §§ 721-728 note, all personnel on the W. P. A. are appointed in the sole discretion of the administrator. This court has no power to control the exercise of that discretion. See Love v. United States, 8 Cir., 108 P.2d 43; Block v. Sassman, D.C., 26 F.Supp. 105.

The motion to set aside service of the summons and complaint upon the Senate Appropriations Committee and the Senate Investigating Committee on Unemployment and Relief must…