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SMITH v. GOVERNMENT OF VIRGIN ISLANDS

Nos. 15288, 15289, 15301, 15302.

361 F.2d 469 (1966)

Normand SMITH, III, as Special Administrator of the Estates of Normand Smith and Nancy L. Smith, Appellant in No. 15288, v. GOVERNMENT OF the VIRGIN ISLANDS, and Harvey Aluminum (Incorporated), and Harvey Alumina Virgin Islands, Inc., Intervenors and Cross-Appellants in No. 15301. Harry NEUMANN, Appellant in No. 15289, v. GOVERNMENT OF the VIRGIN ISLANDS and Harvey Alumina Virgin Islands, Inc., and Harvey Aluminum (Incorporated), Respondents and Cross-Appellants in No. 15302.

United States Court of Appeals Third Circuit.

Decided April 5, 1966.

As Amended April 27, 1966.

Rehearing Denied April 28, 1966.

Attorney(s) appearing for the Case

John D. Marsh, Christiansted, V. I. (Young, Isherwood & Marsh, Christiansted, V. I., on the brief), for appellants Normand Smith and others.

John L. Hawkins, New York City, (Dewey, Ballantine, Bushby, Palmer & Wood, by James E. Nickerson, New York City, Russell B. Johnson, Christiansted, V. I., on the brief), for appellees and cross-appellants.

Before MARIS, HASTIE and ALDRICH, Circuit Judges.

HASTIE, Circuit Judge.

The matter in dispute here is an award of $20,000 to intervening defendants for attorneys' fees, and $1,326.40 for other costs, against the plaintiffs in two suits. The suits were consolidated in the district court and the contested award was made against the plaintiffs jointly.

In the district court the defendant and the intervening defendants filed motions to dismiss the complaints and for summary judgment. The court entered judgment...

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