City of Alexandria v. United States

On Motion For Rehearing

NETTESHEIM, Judge.

Pursuant to RUSCC 59(a)(1), (e), defendant has moved, over plaintiff’s objection, for a rehearing or an amendment of the judgment entered on October 21,1983, upon this court’s opinion granting summary judgment in favor of plaintiff based on a contract implied in fact for the purchase of real property.

Defendant contends that the court found an implied in fact contract where none in fact could exist; that the court found a constitutional impediment to the sale of the real property when the court had no occasion to reach the issue and when in any case no…