U.S. Court of Appeals for the D.C. Circuit, 1961

William H. T. Carney v. Thomas S. Gates, Jr., Secretary of Defense

William H. T. Carney v. Thomas S. Gates, Jr., Secretary of Defense
U.S. Court of Appeals for the D.C. Circuit · Decided March 2, 1961 · Bazelon, Bagman, Burger
288 F.2d 161; 109 U.S. App. D.C. 377; 1961 U.S. App. LEXIS 5175 (Federal Reporter, Second Series)

William H. T. Carney v. Thomas S. Gates, Jr., Secretary of Defense

Opinion

PER CURIAM.

Challenging his removal from service as a non-veteran civilian employee of the Department of the Army, appellant sued for a declaratory judgment in the District Court. The appellees moved for summary judgment and, in the alternative, for judgment on the pleadings on grounds of laches. The court granted the motion for summary judgment and dismissed the complaint. We affirm the dismissal on the ground that the suit is barred by laches. United States ex rel. Arant v. Lane, 1919, 249 U.S. 367, 39 S.Ct. 293, 63 L.Ed. 650; Drown v. Higley, 1957, 100 U.S.App.D.C. 326, 244 F.2d 774; Wunderle v. Kimball, 1952, 91 U.S.App.D.C. 394, 201 F.2d 707.

Affirmed.

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