Rosnick v. United States

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.

Although plaintiff’s petition was filed prior to this court’s decision in Uhley v. United States, 121 F.Supp. 674, 128 Ct. Cl. 608, and never amended,…