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CORNETTA v. U.S.

No. 87-1121.

837 F.2d 473 (1988)

Ronald J. CORNETTA, Plaintiff-Appellant, v. The UNITED STATES of America and John Lehman, Secretary of the Navy, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 27, 1988.

Attorney(s) appearing for the Case

George S. King, Broadhurst, Brook, Mangham & Hardy, Baton Rouge, La., argued for plaintiff-appellant. Also on the brief was Louis R. Davis, Broadhurst, Brook, Mangham & Hardy, Lafayette, La., of counsel.

John S. Groat, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for defendant-appellee. With him on the brief were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Asst. Director. Also on the brief was LCDR Michael Lawlor, Dept. of the Navy, of counsel.

Before MARKEY, Chief Judge, FRIEDMAN, RICH, DAVIS, SMITH, NIES, NEWMAN, BISSELL, ARCHER, and MAYER, Circuit Judges.

ORDER

The Suggestion for Rehearing in Banc filed by Ronald J. Cornetta, is accepted.

On or before March 30, 1988, the parties shall file briefs treating of these questions:

When a claim is filed within the statutory period of limitations, and the government asserts the equitable defense of laches, should the presumption of prejudice rising from delay be eliminated, and earlier holdings recognizing that presumption, see, e.g., Pepper v...

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