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.
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).