Baxter v. United States

Plaintiff sues for the salary he lost because of his alleged illegal separation from the service. His case is before us on motions for summary judgment by both parties.

It is manifest that plaintiff’s motion cannot be granted. The defendant controverts several facts asserted by plaintiff, the establishment of which is necessary to a recovery. In such case, of course, a motion for summary judgment cannot be granted.

One ground of defendant’s motion is that plaintiff’s suit is barred by laches. Plaintiff has been diligent, indeed assiduous, in bringing his grievance to the attention of the…