ROSNICK v. UNITED STATES

No. 193-54.

132 F.Supp. 478 (1955)

Louis M. ROSNICK v. The UNITED STATES.

United States Court of Claims.

July 12, 1955.


Attorney(s) appearing for the Case

Seymour Guthman, Washington, D. C., for the plaintiff. Alexander A. Fleischfarb, Washington, D. C., and Elmer Gertz, Chicago, Ill., were on the brief.

Kathryn H. Baldwin, Washington, D. C., with whom was Asst. Atty. Gen., Warren E. Burger, for the defendant.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and LARAMORE, Judges.


JONES, Chief Judge.

On April 5, 1955, the court rendered an opinion granting defendant's motion to dismiss plaintiff's petition. Plaintiff has now moved for a rehearing, contending, inter alia, that the court erred as a matter of law in failing to view the petition in the light most favorable to plaintiff. He now asks that at the very least the dismissal should be without prejudice with leave to amend his petition to restate his cause of action.

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