John A. Henneberger v. The United States

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 V of his original petition.

b. Quoting it as the law involved on page 3 of his brief in support of his mo tion for summary judgment, and arguing on pages 7…