The Fifth Circuit, almost 35 years ago, held that laches is properly presented only by answer and not by exception. United States v. Alex Dussel Iron Works, Inc., 31 F.2d 535 (5th Cir., 1929). The court went on to say 31 F.2d at page 536, "This is certainly true, unless the libel on its face shows laches as a matter of law."

The court should consider the equities of the case, and not rely merely upon the lapse of time. United States v. Alex Dussel Iron Works, Inc., 5 Cir., 31 F.2d 535; Reconstruction Finance Corp. v. Harrisons Crosfield, Ltd., supra. See Taylor v. Crain, supra.

It is well settled that one who charges estoppel by laches must also show that it suffered or will suffer detriment as a result of inaction by the party against which laches is charged. United States v. Alex Dussel Iron Works, 31 F.2d 535 (5th Cir. 1929). Great Plains has shown that sales of its goods under the logo in question have grown from $372,000 in 1961 to about $28,000,000 in 1973. It is this extent of sales over a protracted length of time without complaint from Georgia-Pacific upon which Great Plains relied to its detriment.

Delay, as one of the elements of laches, must be an inexcusable delay. United States v. Alex Dussel Iron Works, Inc., 5 Cir., 1929, 31 F.2d 535, 536; Loverich v. Warner Co., 3 Cir., 1941, 118 F.2d 690, 693. The fact that opposer elected not to oppose the prior registrations does not constitute such an "inexcusable delay."

However, "`Laches consists of two elements, inexcusable delay in instituting suit and prejudice resulting to the defendant from such delay. Its existence depends upon the equities of the case, and not merely upon the lapse of time.' United States v. Alex Dussel Iron Works, Inc., 5 Cir., 1929, 31 F.2d 535, 536." Loverich v. Warner, 3 Cir., 118 F.2d 690, 693.

Beseeching the Court on equitable terms for leave to intervene, the Government is and ought to be treated as would be any other suitor, for "* * when government invokes the aid of the court as a litigant it stands as any other litigant * * *", Jones v. Watts, 5 Cir., 142 F.2d 575, 577, 163 A.L.R. 240, certiorari denied 323 U.S. 787, 65 S.Ct. 310, 89 L.Ed. 628; In re Minot Auto Co., 8 Cir., 298 F. 853, 857. Standing thus on the outside with much of the case already disposed of, the door had to be opened for it. It could be opened only by the touch of the want of equity and not by the sheer weight or the loud peremptory knock of the sovereign's scepter. Laches which would ordinarily be ineffectual in denying a claim by the Government, United States v. Summerlin, 310 U.S. 414, 60 S.Ct. 1019, 84 L.Ed. 1283; United States v. Alex Dussel Iron Works, 5 Cir., 31 F.2d 535, 537, 1929 A.M.C. 573, would therefore visit the same consequences upon the sovereign as it would a citizen where the request to open the portal is through the appeal and power of equity. We think that the Government satisfied these equitable considerations as to most of the claims asserted and the prejudice which the mortgagees contend they suffer is in reality not from the interventions but the low order of their priority ranking, The Guiding Star, C.C. S.D.Ohio, 18 F. 263, 264; The William Leishear, D.C.Md., 21 F.2d 862, 863, 1927 A.M.C. 1770; Todd Shipyards Corp. v. The City of Athens, D.C.Md., 83 F. Supp. 67, 1949 A.M.C. 572. But we think that the District Court acted well within the limitations of its permissible informed discretion, Defense Plant Corp. v. United States Barge Lines, supra; Holmes v. City of New York, supra; The American Eagle, supra, in impliedly rejecting the claims for statutory penalties and to that we would add the Dixie collision of May 13, 1951 (note 1, supra).

Loverich v. Warner Co., 3 Cir., 1941, 118 F.2d 690, 693, certiorari denied 313 U.S. 577, 61 S.Ct. 1104, 85 L.Ed. 1535; Kane v. Union of Soviet Socialist Republics, 3 Cir., 1951, 189 F.2d 303, 305, certiorari denied 342 U.S. 903, 72 S.Ct. 292, 96 L.Ed. 676; Taylor v. Crain, 3 Cir., 1952, 195 F.2d 163. Stewart v. United States Shipping Board E.F. Corporation, D.C.E.D.N.Y., 1925, 7 F.2d 676, 679; United States v. Alex Dussel Iron Works, 5 Cir., 1929, 31 F.2d 535, 537. See annotation, 173 A.L.R. 326, 368-369.

The facts to be considered here are those appearing from the averments of the libel as supplemented but not limited by the statements exhibited therewith. The holding of this Court in United States v. Alex Dussel Iron Works, 5 Cir., 1929, 31 F.2d 535, 537, is persuasive in our consideration of this case. Although the facts there differed from those here, the procedural aspects are similar.

But it should be remembered that a decision on the issue of laches should be based on an appraisal and a balance of all the equities in the case. See United States v. Alex Dussel Iron Works, 5 Cir., 1929, 31 F.2d 535, 536. If it appears after hearing that the delay was caused by the respondent's intimidation of libellant it should not be allowed to complain that it was prejudiced. The judgment of the District Court will be reversed and the case remanded for further proceedings consistent with this opinion.

In O'Brien v. Wheelock, 184 U.S. 450, 493, 22 S.Ct. 354, 370, 46 L.Ed. 636, the court said: United States v. Alex Dussel Iron Works, Inc., 5 Cir., 31 F.2d 535, 536; Standard Oil Co. of Colorado v. Standard Oil Co., 10 Cir., 72 F.2d 524, 527; Winn v. Shugart, 10 Cir., 112 F.2d 617, 623; Parks v. Classen Co., 156 Okla. 43, 9 P.2d 432, 435; Harjo v. Johnston, 187 Okla. 561, 104 P.2d 985, 998. "The doctrine of courts of equity to withhold relief from those who have delayed the assertion of their claims for an unreasonable length of time is thoroughly settled.