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VARLACK v. SWC CARIBBEAN, INC.

Nos. 76-1142, 76-1143.

550 F.2d 171 (1977)

Kenneth L. VARLACK, Appellant in No. 76-1143, v. SWC CARIBBEAN, INC., d/b/a Orange Julius Restaurant and Bernette Cannings, an Employee of Orange Julius Restaurant, Appellants in No. 76-1142.

United States Court of Appeals, Third Circuit.

Decided February 22, 1977.

Attorney(s) appearing for the Case

Frederick G. Watts, Roger L. Campbell, Loud & Campbell, Charlotte Amalie, St. Thomas, V. I., for appellants in No. 76-1142.

Ronald T. Mitchell, James E. Dow, Jr., Pallme, Anduze, Mitchell & Dow, Charlotte Amalie, St. Thomas, V. I., for appellee in No. 76-1142 and appellant in No. 76-1143.

Before SEITZ, Chief Judge, and GIBBONS and HUNTER, Circuit Judges.

OPINION OF THE COURT

SEITZ, Chief Judge.

Defendants appeal and plaintiff Varlack cross appeals from a judgment of the district court of the Virgin Islands.

Varlack was at the time of the incident here in question employed as assistant foreman of a construction firm. Defendant Cannings was the night manager of Orange Julius Restaurant, Orange Julius being a trade name of defendant SWC Caribbean, Inc. In the pre-dawn hours of May 27, 1972, Varlack...

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