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VIRGO CORPORATION v. PAIEWONSKY

Nos. 16116, 16133, 16374.

384 F.2d 569 (1967)

VIRGO CORPORATION v. Ralph M. PAIEWONSKY, Governor, Morris F. deCastro, Director of the Budget and the Government of the Virgin Islands, Appellants. MASTER TIME COMPANY, Ltd. v. Percy DeJONGH, as Commissioner of the Department of Finance of the Government of the Virgin Islands, Appellant. VIRGO CORPORATION v. Ralph M. PAIEWONSKY, Governor, Morris F. deCastro, Secretary, Governor's Committee on the Virgin Islands Watch Industry, Member, Virgin Islands Industrial Incentive Board, and Director of the Budget, Albert Prendergast, Member, Governor's Committee on the Virgin Islands Watch Industry, Chairman, Virgin Islands Industrial Incentive Board, and Commissioner of Commerce; Percy deJongh, Commissioner of the Department of Finance; Ruben Wheatley, Member, Virgin Islands Industrial Incentive Board and Director of Tax Division of Department of Finance; Mahlen Lindquist, Member, Virgin Islands Industrial Incentive Board; Adolph Potter, Member, Virgin Islands Industrial Incentive Board; Joseph Alexander, Member, Virgin Islands Industrial Incentive Board; Percy Gardine, Member, Virgin Islands Industrial Incentive Board; the Government of the Virgin Islands, and Atlantic Time Products Corporation, Appellants.

United States Court of Appeals Third Circuit.

Decided September 29, 1967.

Rehearing Denied November 7, 1967.

Attorney(s) appearing for the Case

Francisco Corneiro, Atty. Gen., Bruce MacGibbon, Asst. Atty. Gen., Charlotte Amalie, V. I., for Paiewonsky, de Jongh and others.

William Simon, Washington, D. C. (J. Coleman Bean, Howrey, Simon, Baker & Murchison, Washington, D. C., Russell B. Johnson, Christiansted, St. Croix, V. I. on the brief), for Virgo Corp.

Ronald H. Tonkin, Christiansted, St. Croix, V. I. (Young & Isherwood, Christiansted, St. Croix, V. I., on the brief) for Master Time Co.

Before STALEY, Chief Judge, and MARIS and FREEDMAN, Circuit Judges.

Argued February 3, 1967 at Christiansted.

OPINION OF THE COURT

MARIS, Circuit Judge.

These are appeals by the defendants from judgments entered against them in the District Court of the Virgin Islands. The appeals at our docket Nos. 16116, 16133 and 16374 involve the validity of the Watch Production Act of 1965, as originally enacted and as amended, 33 V.I.C. §§ 511-518, which, inter alia, imposed taxes on the production of watches in the...

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