210 Ct. Cl. 741 | Ct. Cl. | 1976
Cwiliam, pay; dismissal; laches. — On June 25, 1976 the court entered the following order:
“Among other defenses asserted, defendant contends that plaintiff’s claim'is barred by the doctrine of laches and, upon review of the record, we have concluded that this contention is correct and that plaintiff’s petition should be dismissed. Although plaintiff has undertaken to justify the ‘dismissal of his action in the. District Court and the lengthy delay in filing this suit, wé find that the evidence on a whole is insufficient to justify the delay in the assertion of his claim. Plaintiff’s claim accrued more than 5 years prior to the filing of his action in this court and, in many similar cases, we have held that prejudice to the Government manifestly results from such an unreasonable delay in the assertion of a claimant’s right. See Brundage v. United States, 205 Ct. Cl. 502, 509, 504 F. 2d 1382, 1386 (1974), cert. denied, 421 U.S. 998 (1975); Grisham v. United States, 183 Ct. Cl. 657, 663, 392 F. 2d 980, 983, cert. denied, 393 U.S. 843 (1968).
“it is therefore ordered that plaintiff’s petition be and the same is hereby dismissed.” •