Legal Opinion

Johnnie C. Duncan v. Arthur E. Summerfield

Court of Appeals for the D.C. Circuit

Decided December 31, 1957No. 13867PublishedCited by 15 opinions

1Opinion of the Court

EDGERTON, Chief Judge.

Plaintiff Duncan, a veteran’s preference eligible with classified civil service status, was employed as a letter carrier in the Washington Post Office. He was dismissed for “security” reasons February 12, 1954 and filed this suit for reinstatement October 24, 1956. The defendant pleaded laches. The District Court granted his motion for summary judgment and the plaintiff appeals.

We think the court erred. Normally a dismissed government employee who waited two years and eight months before bringing suit would be guilty of laches, but in this case we think circumstances…

Also in this document: Dissent.

2Cases cited9 opinions

  1. Cole v. YoungSupreme Court of the United States · 1956
  2. City of San Antonio v. CastilloCourt of Appeals of Texas · 1956
  3. State ex rel. Exnicios v. Board of Com'rsSupreme Court of Louisiana · 1923
  4. Kaufman v. United StatesUnited States Court of Claims · 1950
  5. Larry T. Gurley v. Charles E. Wilson, Secretary of DefenseCourt of Appeals for the D.C. Circuit · 1956

4 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Robert I. Powell v. Eugene M. ZuckertCourt of Appeals for the D.C. Circuit · 1966
  2. People Ex Rel. Casey v. Health & Hospitals Governing CommissionIllinois Supreme Court · 1977
  3. American University Park Citizens Ass'n v. BurkaDistrict of Columbia Court of Appeals · 1979
  4. Concerned About Trident v. SchlesingerDistrict Court, District of Columbia · 1975
  5. Jones v. SummerfieldCourt of Appeals for the D.C. Circuit · 1959

10 more not listed; retrieve them via the Exa API.

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