THE VIRGINIAN-PILOT 
              Copyright (c) 1997, Landmark Communications, Inc.

DATE: Monday, February 3, 1997              TAG: 9702030034
SECTION: LOCAL                   PAGE: B5   EDITION: FINAL 
SOURCE: BY STEVE STONE, STAFF WRITER 
DATELINE: NORFOLK                           LENGTH:   50 lines

NAVY COOK SUED BY GOP FOR PRIZE CLAIM MAY FILE HIS OWN SUIT

A Navy cook, who is being sued by the Republican National Committee because he took up a million-dollar challenge to prove the party wrong on Medicare, may copy the GOP's strategy.

He's considering suing the Republicans. Claiming fraud and breach of contract.

``We believe this was a con job from the very start,'' said Portsmouth attorney Stephen E. Heretick, who is representing Dru Boen.

Attorneys for Boen, 32, will appear in federal court in Mississippi today to answer the GOP suit. They will ask that Boen be released from it or that the case be delayed.

Boen's troubles began when he saw an ad in USA Today in 1995 featuring Haley Barbour, then chairman of the RNC.

``Heard the one about Republicans `cutting' Medicare?'' the ad said. ``The fact is Republicans are increasing Medicare by more than half.'' Barbour promised $1 million to the first person to prove the party wrong. Boen was among 80 people who took up the challenge.

Last May, the Republicans sent him a letter saying he was wrong. He never contested that and never sought the prize. Despite that, last month he was named as a defendant in a GOP suit intended to insulate the party from prize claims.

Even if Boen did not contest the suit, he faces a judgment for the Republicans' legal expenses. Boen, 32, a petty officer second class assigned to Norfolk Naval Station, takes home $1,600 a month.

For now, Heretick said Boen will ask the court to stay the action, using a federal law that protects active duty military from being ordered to appear for civil suits.

Heretick then plans to meet with RNC attorneys and ask them to drop the suit and pay Boen's legal expenses. If they refuse, Heretick said Boen will go on the offensive.

When he appears in Mississippi, Boen will challenge that court's jurisdiction and ask that the case be moved to Washington, where the RNC is located.

Heretick questioned GOP motives in filing the case in Mississippi. It's Barbour's home state and his brother sits on the U.S. District Court there. His fellow judges are all Republican appointees, Heretick said.

Additionally, if the GOP presses its suit, ``we're discussing filing state action against the RNC and Mr. Barbour here in Hampton Roads,'' Heretick said.

``It's our belief the Republicans never intended to take this matter seriously,'' Heretick said. ``(Boen) didn't answer that ad looking for a fight, but he's not one to back down if someone comes at him swinging.''

KEYWORDS: LAWSUIT MEDICARE