Henry v. United States

LITTLETON, Judge.

This is a suit to recover back pay which plaintiff, a veterans preference eligible, claims was denied him as a result, of an alleged unlawful reduction in rank by the Veterans’ Administration. Defendant moves for summary judgment dismissing the petition on the ground that there is no genuine issue as to any material fact and that as a matter of law defendant is entitled to judgment because of plaintiff’s failure to exhaust his administrative remedies and because of laches.

The facts alleged in the petition and documents submitted by the parties show that since sometime in 1946…