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HENNEBERGER v. UNITED STATES

No. 71-67.

407 F.2d 1340 (1969)

John A. HENNEBERGER v. The UNITED STATES.

United States Court of Claims.

March 14, 1969.

Attorney(s) appearing for the Case

Samuel T. Ansell, Jr., Washington, D. C., attorney of record for plaintiff. Gaines A. Tyler, Jr., and Ansell & Ansell, Washington, D. C., of counsel.

Charles M. Munnecke, Washington, D. C., with whom was Asst. Atty. Gen. Edwin L. Weisl, Jr., for defendant.

Before COWEN, Chief Judge and LARAMORE, DURFEE, DAVIS, COLLINS, SKELTON, and NICHOLS, Judges.

ON PLAINTIFF'S MOTION FOR REHEARING

SKELTON, Judge.

The plaintiff's motion for rehearing is denied for the following reasons:

1. The plaintiff is estopped from claiming after judgment has been entered that a part of Navy Regulation 044189-1, cited in our opinion, was not in force when his claim arose, because he represented to the court that he based his claim upon such regulation by:

a. Specifically and affirmatively pleading it in paragraph...

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