Can a defense of laches be available when review is not sought on a timely basis?
MultiRegion, United States of America
The following excerpt is from Sampson v. U.S., 533 F.2d 499 (9th Cir. 1976):
1 A defense of laches may be available when review is not sought on a timely basis, and third parties' rights are affected by the delay. See Lemieux v. United States, 15 F.2d 518, 522-23 (8th Cir. 1926), cert. denied, 273 U.S. 749, 47 S.Ct. 458, 71 L.Ed. 872 (1927). In the instant case, the district court denied as untimely the government's motion to include the defense of laches, and we do not consider the issue.
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