Local 542, International Union of Operating Engineers v. Higginbotham

How later courts describe this case

• the elements of a laches defense are unreasonable delay in bringing suit and resulting prejudice to defendant
• delay of three years and eight months from the date of discharge and the filing of suit was found to be excessive
• order denying petition for writ of mandamus and for writ of prohibition
• “The facts pleaded will not suffice to show the personal bias re quired by the statute if they go to the background and associations of the judge rather than to his appraisal of a party personally.”
• delay of slightly longer than three years and eight months bars serviceman’s claims