Maricela Mcfarland, on Her Own Behalf and on That of Herdaughter, Kristel, et al., Appellants, v. Richard B. Cheney, Secretary, Department of Defense, et al, 971 F.2d 766 (D.C. Cir. 1992)

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US Court of Appeals for the District of Columbia Circuit - 971 F.2d 766 (D.C. Cir. 1992) June 9, 1992. Rehearing Denied Aug. 12, 1992

Before WALD, HARRY T. EDWARDS and STEPHEN F. WILLIAMS, Circuit Judges.

ORDER

PER CURIAM.


Upon consideration of the court's order to show cause, filed March 26, 1992, the response thereto and the reply, it is

ORDERED that the order to show cause be discharged. It is

FURTHER ORDERED that the district court's April 30, 1991 order dismissing appellants' action in 90cv02405 be summarily affirmed. Appellees' refusal to establish a claims program under the Foreign Claims Act, 10 U.S.C. § 2734, is not subject to judicial review. 10 U.S.C. § 2735; see Saltany v. Reagan, 702 F. Supp. 319, 321 n. 4 (D.D.C. 1988), aff'd, 886 F.2d 438 (D.C. Cir. 1989) (per curiam), cert. denied, 495 U.S. 932 (1990); cf. Broadnax v. United States Army, 710 F.2d 865, 867 (D.C. Cir. 1983) (per curiam). The merits of the parties' positions are so clear as to justify summary action. See Taxpayers Watchdog, Inc. v. Stanley, 819 F.2d 294, 297 (D.C. Cir. 1987) (per curiam); Walker v. Washington, 627 F.2d 541, 545 (D.C. Cir.) (per curiam), cert. denied, 449 U.S. 994 (1980). It is

FURTHER ORDERED that the district court's December 18, 1991 memorandum and order dismissing appellants' action in 91cv01438 be summarily affirmed. The district court correctly concluded that article XX of the Agreement in Implementation of Article IV of the Panama Canal Treaty, Sept. 7, 1977, U.S.-Pan., 33 U.S.T. 307, 343-46, does not provide for an individually enforceable right of action to compel payment of appellants' claims. The merits of the parties' positions are so clear as to justify summary action.

The Clerk is directed to withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing. See D.C. Cir. Rule 15.