DocketNumber: No. 698-81C
Citation Numbers: 230 Ct. Cl. 898
Judges: Davis, Friedman, Nichols
Filed Date: 4/9/1982
Status: Precedential
Modified Date: 11/23/2022
This military pay case comes before the court on defendant’s motion to dismiss plaintiffs petition for failure to comply with Rules 32(a)(1) and 35(a).
Accordingly, defendant’s motion to dismiss is granted. Plaintiffs petition is dismissed without prejudice to his filing a new petition that complies with Rule 35, setting out clearly and concisely plaintiffs claims, the basis for jurisdiction in this court, and a demand for relief in accordance with plaintiffs claims and jurisdictional basis.
[See Case 354-82C filed July 10,1982.]
Defendant also moves to dismiss on the basis of laches. We find this equitable defense an inappropriate ground for dismissal at this early stage of the proceedings.