Opinion

Feldman v. United States

181 F. Supp. 393
149 Ct. Cl. 22
1960 U.S. Ct. Cl. LEXIS 71

Court: United States Court of Claims
Filed: Feb 3, 1960
Status: Published
Author: Madden
On the bench: Jones, Madden
Cited by: 17 cases
Authority: More cited than 7.3%

Distinguished

Distinguished by Shaw v. United States, 622 F.2d 520 (1980)
Thus the Feldman and Goodwin cases are inapplicable to this case.
United States Court of ClaimsApr 30, 1980Read it

The opinion

MADDEN, Judge

(dissenting).

I would hold that the plaintiff may recover the pay which would have been paid to him, if his rights had been respected, within the period of six years prior to the filing of his suit. See Judge Littleton’s opinion in Cannon v. United States, 146 F.Supp. 827 , 137 Ct.Cl. 104 . I think the perils which the decision of the court seeks to guard against may be avoided by applying, in a proper case, the doctrine of laches.

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