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

288 F.2d 161, 109 U.S. App. D.C. 377, 1961 U.S. App. LEXIS 5175

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.