Opinion

Cason v. United States

  • 471 F.2d 1225
  • 200 Ct. Cl. 424
  • 1973 U.S. Ct. Cl. LEXIS 6
Court
United States Court of Claims
Filed
Jan 18, 1973
Status
Published
Author
Skelton
On the bench
Bennett, Cowen, Davis, Kashiwa, Kunzig, Nichols, Skelton
Cited by
51 cases
Authority
More cited than 12.6%

four-year delay and minimal showing of prejudice proves laches

How later courts described this case

  • four-year delay and minimal showing of prejudice proves laches
  • court vacated its prior decision that defeated plaintiffs claim by laches
  • burden of proving lack of prejudice shifts to plaintiff as period of delay increases
  • disregard for procedural rights renders discharge a nullity

Written by the judges who cited it.

Distinguished

  • Distinguished by Mosley v. Secretary of the Navy, 522 F. Supp. 1165 (1981)

    471 F.2d 1225, 200 Ct.Cl. 424 (1973), he argues that laches are inapplicable to military-pay cases.
    District Court, E.D. PennsylvaniaSep 30, 1981Read it

The opinion

Skelton, Judge,

dissenting:

I respectfully dissent because in my opinion the plaintiff’s case is clearly barred by laches. Plunkett v. United States, 58 Ct. Cl. 359 (1923) and Chamberlain v. United States, 66 Ct. Cl. 317 (1928), cert. denied, 279 U.S. 845 (1929).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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