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CO-BUILD COMPANIES v. VIRGIN ISLANDS REFINERY

Nos. 77-1664 and 77-1743.

570 F.2d 492 (1978)

CO-BUILD COMPANIES, INC., and Warren L. Trafton and Rogers P. Bressi, Christiansted, St. Croix v. VIRGIN ISLANDS REFINERY CORPORATION. Appeal of LATIMER & BUCK, INC., Co-Build Companies, Inc., Warren L. Trafton and Rogers P. Bressi.

United States Court of Appeals, Third Circuit.

Decided February 13, 1978.

Attorney(s) appearing for the Case

David M. Doret, H. Robert Fiebach, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa., for appellant, Latimer & Buck, Inc.

Stuart H. Savett, Kohn, Savett, Marion & Graf, P. C., Philadelphia, Pa., for appellant, Co-Build Companies, Inc.

David S. Mortensen, F. Anthony Mooney, Hale & Dorr, Boston, Mass., for appellants, Warren L. Trafton and Rogers P. Bressi.

John D. Merwin, Merwin, Alexander & O'Brien, Frederiksted, St. Croix, V. I., for appellee.

Before ADAMS, ROSENN and HUNTER, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

This appeal presents the question whether the trial court erred in determining that a liquidated damages provision in a sales contract pertaining to real estate in the Virgin Islands barred the recovery of actual damages by the seller when the buyer refused to go ahead with the transaction. We have concluded that it was not error in this case to limit the plaintiffs' recovery to the amount contemplated by the liquidated...

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