Cornetta v. United States

 
APPEAL NO.
87-1121
OP. BELOW
DCT
SUBJECT
Military
AUTHOR
Mayer

Question(s) Presented

“We accepted Cornetta’s suggestion for rehearing in banc to reconsider the scope of the laches defense in military pay cases, and the novel idea that potential receipt of increased retired pay is prejudicial to the government.”

Holding

“We therefore hold that potential receipt of back pay alone is insufficient to show prejudice to the government and to that extent overrule earlier cases . . . to the contrary.”