U.S. Court of Appeals for the D.C. Circuit, 1958

Tucker v. Brucker

Tucker v. Brucker
U.S. Court of Appeals for the D.C. Circuit · Decided January 3, 1958
251 F.2d 898; 102 U.S. App. D.C. 187 (Federal Reporter, Second Series)

Counsel

Mr. David I. Shapiro, of the bar of the Court of Appeals of New York, New York City, pro hac vice, by special leave of Court, with whom Mr. Gerhard P. Van Arkel, Washington, D. C., was on the briefs, for appellants., Mr. Donald B. MacGuineas, Atty., Dept, of Justice, with whom Asst. Atty. Gen. George C. Doub and Messrs. Oliver Gasch, U. S. Atty., and Paul A. Sweeney, Atty., Dept, of Justice, were on the briefs, for appellees.

Tucker v. Brucker

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Opinion of the Court

PER CURIAM.

We think the District Court erred in awarding summary judgments in these cases to the defendants, and dismissing the complaints, on the ground of laches. Duncan v. Summerfield, 102 U.S.App.D.C.-, 251 F.2d 896.

Reversed and remanded.

BASTIAN, Circuit Judge, dissents, believing that the actions are barred by laches.

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