COLLINS v. GOVERNMENT OF VIRGIN ISLANDS

Nos. 15250, 15290.

366 F.2d 279 (1966)

Harvey B. COLLINS v. GOVERNMENT OF the VIRGIN ISLANDS of the United States, George Wade, Sr., Aubrey Todman, Luther Benjamin, Clifford Benjamin and John Doe, a Person, Firm, Association or Incorporation, and Being a Fictitious Name, Jointly, Severally and in the Alternative. Government of the Virgin Islands, Appellant. Harvey B. COLLINS, Appellant, v. GOVERNMENT OF the VIRGIN ISLANDS of the United States, George Wade, Sr., Aubrey Todman, Luther Benjamin, Clifford Benjamin and John Doe, a Person, Firm, Association or Incorporation, and Being a Fictitious Name, Jointly, Severally and in the Alternative.

United States Court of Appeals Third Circuit.

Decided September 14, 1966.

Rehearing Denied October 10, 1966.


Attorney(s) appearing for the Case

Francisco Corneiro, Atty. Gen. of Virgin Islands, Charlotte Amalie, St. Thomas, V. I., for the Government of the Virgin Islands.

Thomas D. Ireland, Charlotte Amalie, St. Thomas, V. I. (Maas and Ireland, St. Thomas, V. I., Belli, Ashe & Gerry, Melvin M. Belli, San Francisco, Cal., on the brief), for Harvey B. Collins.

Before KALODNER and HASTIE, Circuit Judges and WRIGHT, District Judge.


Rehearing Denied in No. 15250 October 10, 1966.

OPINION OF THE COURT

KALODNER, Circuit Judge.

Since they are interrelated, these two appeals at Nos. 15250 and 15290, will be separately considered and disposed of in this opinion.

The issue presented, at No. 15250, is whether the defendant-appellant, the Government of the Virgin Islands ("Government"), should have been afforded a jury trial in this personal injury action, tried to the District...

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