- 5 - Among other things, Pauling and Heine argued that the nuclear testing program was a violation of the Trusteeship Agreement. The court disagreed and dismissed their complaint. On appeal, a panel of judges which included now Chief Justice Warren E. Burger, disposed of the matter on different grounds, holding that the plaintiffs did not have standing to bring the lawsuit in the first place. Pauling v. McElroy, 278 F.2d 252 1960), cert. denied, 364 U.S. 835 (1960). (D.C. Cir. A similar attempt by the same plaintiffs to accomplish the same purpose was also rejected in 1964. (D.C. Cir. Pauling v. McNamara, 331 F.2d 796 1964). The first case to squarely reach the question of enforceability of the terms of the Trusteeship Agreement was People of Saipan v. U.S. Department of the Interior, 356 FP. Supp. 645 (D. 1973), aff'd. as modified, 502 F.2d 90 (9th Cir. 1974). Hawaii The United States Court of Appeals for the Ninth Circuit held that: The preponderance of features in this Trusteeship Agreement suggests the intention to establish direct, affirmative, and judicially enforceable rights. * * * Moreover, the Trusteeship Agreement constitutes the plaintiffs’ basic constitutional document. 502 F.2d at 97-98. .. The Government sought review of this decision in the United States Supreme Court, but was refused. 420 U.S. 1003 “9 ‘a og We “onl - eet ee ‘ aan (1974). ro wrearyp ay 7S, : Ya ph L ely ‘ ‘ Nia Mee woe . ~ WeTEU fhe pa et . | woof 3 tee ow re . Oh, o cy |