Appellant, a former fire marshal on the island of Guam, was dismissed in 1951. After long negotiations for a settlement, in the course of which he received encouragement from government agencies, he filed in 1953 and amended in 1954 a complaint alleging his dismissal was illegal and asking to be restored to his position. On the ground of laches, the District Court rendered summary judgment for the defendants. In all 'the circumstances we are unable to agree that the appellant was guilty of laches. We think the amended complaint and the answer, and the conflicting affidavits, raise issues which should be resolved.

Reversed and remanded.