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KRAMER v. GOVERNMENT OF VIRGIN ISLANDS

Nos. 71-1212-71-1215.

453 F.2d 1246 (1971)

Edwin R. KRAMER, Appellant in 71-1212, et al. v. GOVERNMENT OF the VIRGIN ISLANDS, Board of Zoning, Subdivision and Building Appeals of the Virgin Islands, St. Croix Drive-In-Theater (Intervenor in D. C.) Appeal of Theodore A. GIATTINI, in No. 71-1213. Appeal of Alan V. RUSHTON, in No. 71-1214. Appeal of Rolf H. BOULON, in No. 71-1215.

United States Court of Appeals, Third Circuit.

Decided November 23, 1971.

Attorney(s) appearing for the Case

Kevin J. Butler, Charlotte Amalie, St. Thomas, V. I., for appellants.

Eileen R. Petersen, Asst. Atty. Gen., St. Thomas, V. I., for appellee, Gov't of V. I.

Clarence A. McLaughlin, Bornn, McLaughlin & Finucan, St. Thomas, V. I., for appellee, St. Croix Drive-In-Theater, (Intervenor in D. C.)

Before STALEY, ADAMS and ROSENN, Circuit Judges.

OPINION OF THE COURT

STALEY, Circuit Judge.

Appellants, Edwin R. Kramer, Theodore A. Giattini, Alan V. Rushton, and Rolf H. Boulon, owners of property directly overlooking the site of a proposed drive-in theater, are appealing from an order of the District Court of the Virgin Islands dismissing their complaint. They had appealed from a decision of the Board of Zoning, Subdivision and Building Appeals of the Virgin Islands ("Board of Appeals"), approving...

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