CORNETTA v. U.S.

No. 87-1121.

851 F.2d 1372 (1988)

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

United States Court of Appeals, Federal Circuit.

June 20, 1988.


Attorney(s) appearing for the Case

George S. King, Mangham, Hardy, Rolfs & Abadie, Baton Rouge, La., argued for plaintiff-appellant. With him on the brief was Louis R. Davis, Mangham, Rolfs & Abadie, Lafayette, La.

Mary E. Baluss, Morgan, Lewis & Bockius, Washington, D.C., argued for amicus curiae. The Bar Ass'n of the District of Columbia and The Vietnam Veterans of America. With her on the brief was Kristan Peters-Hamlin. Also on the brief were David F. Grimaldi, President and Neil B. Kabatchnick, Chairman, Military Law Committee, The Bar Ass'n of the District of Columbia, Washington, D.C., David Addlestone and Barton F. Stichman, Vietnam Veterans of America Legal Services, Washington, D.C., Guy J. Ferrante, King & Everhard, P.C., Falls Church, Virginia.

John S. Groat, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for defendants-appellees. With him on the brief were Richard K. Willard, Asst. Atty. Gen., John R. Bolton, Asst. Atty. Gen., David M. Cohen, Director, Thomas W. Petersen, Asst. Director and James M. Kinsella. Also on the brief were Captain Michael McCloskey, U.S. Marine Corps and John Halliburton, Asst. U.S. Atty., Western District of Louisiana, Shreveport, La., and LCDR Michael Lawlor, Dept. of the Navy, of counsel.

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


OPINION

MAYER, Circuit Judge.

This is a rehearing in banc of an appeal from the United States District Court for the Western District of Louisiana, No. 86-1080 (Oct. 8, 1986), granting the government's motion for summary judgment and dismissing, because of laches, Ronald J. Cornetta's claim for reinstatement and back pay stemming from his allegedly unlawful discharge from the United States Marine Corps. We vacate our earlier judgment and opinion of the panel...

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