Whether a district court within the context of a judicial estopple claim exceeds the boundaries of judicial discretion when it dismisses plaintiffs position rather than the 2nd inconsistent position contrary to New Hampshire v. Maine.

And Whether it is a violation of due process when a district court wrongly dismisses plaintiffs 1st/consistent position rather than his 2nd and clearly inconsistent position pursuant to a judicial estopple action, particularly where there has been prior inconsistent positions taken under oath.

Whether a district court within the context of a judicial estoppel claim exceeds the boundaries of judicial discretion when it dismisses plaintiff's 1st position rather than the 2nd inconsistent position contrary to New Hampshire v. Maine