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CHAPMAN v. GERARD

Civ. No. 329/1969.

341 F.Supp. 1170 (1970)

Joseph CHAPMAN, by next friend, Violet D. Chapman, Plaintiff, v. Phillip A. GERARD, Commissioner of Education, et al., Defendants.

District Court, Virgin Islands, D. St. Croix.

July 27, 1970.

Attorney(s) appearing for the Case

Hodge, Sheen & Finch, Christiansted, St. Croix, V. I. (Albert A. Sheen, Christiansted, St. Croix, V. I., of counsel), for plaintiff.

Ronald H. Tonkin, Atty. Gen., Government of the Virgin Islands, St. Thomas, V. I., for defendants.

ACTION FOR DECLARATORY JUDGMENT

MEMORANDUM OPINION

CHRISTIAN, Chief Judge.

Plaintiff, a minor brings this action by his "next friend," seeking a declaratory judgment, declaring and adjudging Sec. 173 of Title 17 of the Virgin Islands Code, as amended,1 to be unconstitutional insofar as it bars him from participation in the Territorial Scholarship Fund (hereinafter referred to as the TSF) solely by reason of his alienage...

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