George Weintraub & Sons, Inc. v. United States

Opinion

Background

Musgrave, Judge:

In George Weintraub & Sons, Inc. v. U.S., Slip Op. 88-92, this Court granted summary judgment for plaintiff, and denied defendant’s motion to dismiss for failure to state a claim upon which relief may be granted and for lack of jurisdiction. Defendant subsequently moved for a rehearing pursuant to Rule 59(e) of the Rules of the Court in order

"to rectify a significant flaw in this Court’s original decision, which did not dismiss this case despite plaintiffs failure to satisfy jurisdictional requirements, since plaintiff did not commence a civil action within…