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CARNEY v. GATES

No. 15578.

288 F.2d 161 (1961)

William H. T. CARNEY, Appellant, v. Thomas S. GATES, Jr., Secretary of Defense et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided March 2, 1961.

Attorney(s) appearing for the Case

Mr. George C. Dreos, Washington, D. C., for appellant.

Mr. David L. Rose, Atty., Dept. of Justice, with whom Asst. Atty. Gen. George C. Doub, Messrs. Oliver Gasch, U. S. Atty., and Morton Hollander, Atty., Dept. of Justice, were on the brief, for appellees. Mr. Carl W. Belcher, Asst. U. S. Atty., also entered an appearance for appellees.

Before BAZELON, BASTIAN and BURGER, Circuit Judges.

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...

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