This case is controlled by the decision of the court in the companion case of Herbert Du Puy v. United States, No. E-209, 67 Ct. Cl. 348,1 decided by this court April 1,1929. In accordance with the opinion rendered in that case, the plaintiff’s petition must be dismissed, and it is so ordered.
WILLIAMS and LITTLETON, Judges, did not hear and took no part in the decision of this case.