NAVARRO v. UNITED STATES

Civ. A. No. 27/1980.

586 F.Supp. 799 (1984)

Marcelino Rivera NAVARRO and Petra Rivera, Plaintiffs, v. UNITED STATES of America, Farmers Home Administration, Robert Bergland, Individually and in his capacity as Secretary of the Department of Agriculture, Administrators of the Farmers Home Administration, Gordon Cavanaugh, Individually and in his capacity as Administrator of the Farmers Home Administration, United States Department of Agriculture, Karen Noble Hanson, Individually and in her capacity as State Director, Farmers Home Administration, Willard Stevenson, Individually and in his capacity as District Director, Farmers Home Administration, John Preston, Individually and in his capacity as County Supervisor for the Farmers Home Administration, St. Croix, U.S. Virgin Islands, Vivian Bruckel, Individually and in her capacity as former County Supervisor of the Farmers Home Administration, St. Croix, U.S. Virgin Islands, Edith Schildwachter, Individually and in her capacity as former County Supervisor for the Farmers Home Administration, St. Croix, U.S. Virgin Islands, Mary Roebuck, Individually and in her capacity as an employee of Farmers Home Administration, St. Croix, U.S. Virgin Islands, Lauritz Roebuck, Individually and in his capacity as an employee of Farmers Home Administration, St. Croix, U.S. Virgin Islands, and Desmond Kirby, a/k/a Maynard Kirby, a/k/a Caribbean Construction Company, and Caribbean Construction Company, a business entity in the Virgin Islands, Defendants.

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

May 18, 1984.


Attorney(s) appearing for the Case

Archie Jennings, Legal Services of the Virgin Islands, Christiansted, St. Croix, V.I., for plaintiffs.

Andrew Reich, U.S. Attorney's Office, Christiansted, St. Croix, V.I., for defendants U.S., Farmers Home Admin., Robert Bergland, Gordon Cavanaugh, Willard Stevenson, Karen Noble Hanson, John Preston, Vivian Bruckel, Edith Schildwachter, Mary Roebuck and Lauritz Roebuck.

Edward J. Ocean, Christiansted, St. Croix, V.I., for defendants Desmond Kirby and Caribbean Const. Co.


MEMORANDUM OPINION AND ORDER

DAVID V. O'BRIEN, District Judge.

THIS MATTER is before the Court on motion of defendant United States of America ("Defendant") to dismiss pursuant to Fed.R.Civ.P. 12(b), or, in the alternative for summary judgment pursuant to Fed.R. Civ.P. 56. Defendant seeks to avoid plaintiffs' claims in contract and in tort on a myriad of grounds the most pertinent being: 1) lack of subject matter jurisdiction over the contractual claims...

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