Bleak

"Defendant alone moves for summary judgment, asserting its panoply of pretrial defenses: the statute of limitations, laches, our lack of jurisdiction under the Testan rule, and finally a judgment on the merits of the issues presented. None of these grounds persuades us, though, so we deny defendant’s motion and remand for the trial that is needed in order to develop the material facts that will enable us to resolve this case.

"Plaintiff enlisted in the United States Army for three years beginning March 30, 1966, and served one of those years in combat in Vietnam. Soon after his return from…