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DEERING v. UNITED STATES

No. 355-77.

620 F.2d 242 (1980)

Louis A. DEERING v. The UNITED STATES.

United States Court of Claims.

April 16, 1980.

Attorney(s) appearing for the Case

Keith A. Rosenberg, Washington, D. C., attorney of record, for plaintiff; Newrath, Meyer & Faller, P. C., Washington, D. C., of counsel.

George M. Beasley, III, Washington, D. C., with whom was Asst. Atty. Gen. Alice Daniel, Washington, D. C., for defendant; Captain L. Neal Ellis, Jr., Dept. of the Army, of counsel.

Before FRIEDMAN, Chief Judge, and DAVIS, NICHOLS, KASHIWA, KUNZIG, BENNETT and SMITH, Judges, en banc.

ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

KUNZIG, Judge:

This case, before the court on defendant's motion for summary judgment, calls on us to review once again the applicability of the doctrine of laches to a military pay claim. In particular, we are faced with the issue of whether the Soldiers' and Sailors' Civil Relief Act of 1940 — which suspends during a period of active military duty the running of time for statutes of limitation periods ...

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