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SMITH v. GOVERNMENT OF VIRGIN ISLANDS

Nos. 14535, 14536.

329 F.2d 135 (1964)

Normand SMITH and Nancy L. Smith, Appellants, v. GOVERNMENT OF the VIRGIN ISLANDS, and Harvey Aluminum (Incorporated) and Harvey Alumina Virgin Islands, Inc., Interveners. Harry NEUMANN, Appellant, v. GOVERNMENT OF the VIRGIN ISLANDS, Harvey Alumina Virgin Islands, Inc. and Harvey Aluminum (Incorporated).

United States Court of Appeals Third Circuit.

Decided February 28, 1964.

Rehearing Denied April 10, 1964.

Certiorari Denied June 15, 1964.

Attorney(s) appearing for the Case

Warren H. Young, John D. Marsh, St. Croix, V. I. (Young & Isherwood, Christiansted, St. Croix, V. I., on the briefs), for appellants.

Francisco Corneiro, Atty. Gen., St. Thomas, V. I. (Dewey, Ballantine, Bushby, Palmer & Wood, New York City, Philip J. Dunlay, New York City, of counsel, on the briefs), for Harvey Aluminum and Harvey Alumina Virgin Islands.

James E. Nickerson, New York City, for Harvey, etc.

Before KALODNER, STALEY and SMITH, Circuit Judges.

Certiorari Denied June 15, 1964. See 84 S.Ct. 1886.

KALODNER, Circuit Judge.

These appeals are from an Order of the District Court dismissing, for failure to state a claim upon which relief can be granted, two consolidated separate taxpayer suits brought by the appellants to enjoin the performance by the Government of the Virgin Islands ("Government") of an Agreement, ratified and adopted by Act 8141 of the Legislature of the Virgin...

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