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GENERAL ENGINEERING v. VIRGIN ISLANDS WATER & POWER

Nos. 85-3668, 85-3700.

805 F.2d 88 (1986)

GENERAL ENGINEERING CORPORATION v. VIRGIN ISLANDS WATER AND POWER AUTHORITY. CARIBBEAN ENERGY CO., INC. v. SOUTH SHORE ALUMINA, INC., Ashley Andrews, Virgin Islands Water and Power Authority, Stephanos O'Reilly, Cecil George, Willem Westerbann, Victor Schneider. Appeal of VIRGIN ISLANDS WATER AND POWER AUTHORITY. Martin Marietta Aluminum Properties, Inc., Amicus Curiae.

United States Court of Appeals, Third Circuit.

Decided October 27, 1986.

As Amended November 26, 1986.

Rehearing and Rehearing Denied February 17, 1987.

Attorney(s) appearing for the Case

Samuel H. Hall, Jr. (argued), St. Thomas, U.S. Virgin Islands, for Virgin Islands Water and Power Authority.

Frederick G. Watts, Charlotte Amalie, St. Thomas, U.S. Virgin Islands, Eugene F. Bannigan (argued), John D. Gordan, III, Ethan Greenberg, Lord, Day & Lord, New York City, for Caribbean Energy Co., Inc.

Peter C. Kissel, Gilbert E. Hardy, Gary C. Adler, O'Connor & Hannan, Washington, D.C., Harry L. Smith, Patricia A. Moore, Martin Marietta Corp., Bethesda, Md., amicus curiae.

Before ADAMS, STAPLETON and GARTH, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 17, 1987.

OPINION OF THE COURT

ADAMS, Circuit Judge.

In this appeal the Virgin Islands Water and Power Authority (WAPA) seeks to invalidate its power-sale agreement with the Caribbean Energy Corporation (CEC). WAPA asserts that the agreement conflicts with Virgin Islands statutes that prohibit contracts involving a conflict of interest, and that require public contracts to be bid competitively. The...

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