Haine

Court of Claims

Haine

175 Ct. Cl. 884, 1966 U.S. Ct. Cl. LEXIS 242, 1966 WL 1536

CourtUnited States Court of Claims

DecidedApril 1, 1966

DocketNo. 229-65

StatusPublished

Cited by1 cases

This text of 175 Ct. Cl. 884 (Haine) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Haine, 175 Ct. Cl. 884, 1966 U.S. Ct. Cl. LEXIS 242, 1966 WL 1536 (cc 1966).

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Opinion

Civilian fay; ladies. — Plaintiff, a veteran preference eligible and former employee of the Immigration and Naturalization Service of the United States Department of Justice, submitted her resignation on June 26, 1959, to take effect July 11, 1959. When plaintiff attempted on June 29, 1959, to withdraw her resignation, she was advised that it was accepted and the withdrawal was refused. Plaintiff filed suit in this court in July 1965 to recover approximately $40,000 representing the difference between her lost benefits as a Federal employee and the benefits she received in non-federal employment. Defendant moved to dismiss the petition on the ground, among others, that the claim filed nearly six years after her separation from service, was barred by laches. Upon consideration thereof, together with plaintiff’s opposition thereto and without oral argument, the court concluded on the basis of United States ex rel. Arant v. Lane, 249 U.S. 367 (1919), Bovard v. United States, 160 Ct. Cl. 619 (1963), cert. den. 374 U.S. 830, and Alpert v. United States, 161 Ct. Cl. 810 (1963), that plaintiff’s claim is barred under the doctrine of laches and on April 1, 1966, the court ordered that the petition be dismissed. Plaintiff’s petition for writ of certiorari denied November 7,1966, 385 U.S. 931.

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Civilian fay; ladies. — Plaintiff, a veteran preference eligible and former employee of the Immigration and Naturalization Service of the United States Department of Justice, submitted her resignation on June 26, 1959, to take effect July 11, 1959. When plaintiff attempted on June 29, 1959, to withdraw her resignation, she was advised that it was accepted and the withdrawal was refused. Plaintiff filed suit in this court in July 1965 to recover approximately $40,000 representing the difference between her lost benefits as a Federal employee and the benefits she received in non-federal employment. Defendant moved to dismiss the petition on the ground, among others, that the claim filed nearly six years after her separation from service, was barred by laches. Upon consideration thereof, together with plaintiff’s opposition thereto and without oral argument, the court concluded on the basis of United States ex rel. Arant v. Lane, 249 U.S. 367 (1919), Bovard v. United States, 160 Ct. Cl. 619 (1963), cert. den. 374 U.S. 830, and Alpert v. United States, 161 Ct. Cl. 810 (1963), that plaintiff’s claim is barred under the doctrine of laches and on April 1, 1966, the court ordered that the petition be dismissed. Plaintiff’s petition for writ of certiorari denied November 7,1966, 385 U.S. 931.

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Bluebook (online)

175 Ct. Cl. 884, 1966 U.S. Ct. Cl. LEXIS 242, 1966 WL 1536, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haine-cc-1966.

Opinion

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