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WEST INDIAN CO., LTD. v. GOVERNMENT OF VIRGIN ISLANDS

Nos. 87-3369 to 87-3372.

844 F.2d 1007 (1988)

The WEST INDIAN COMPANY, LTD. v. GOVERNMENT OF THE VIRGIN ISLANDS, Legislature of the Virgin Islands, Helen Gjessing, Leonard Reed, Kate Stull, Lucien Moolenaar and Ruth Moolenaar, Intervenors. Appeal of LEGISLATURE OF THE VIRGIN ISLANDS, intervenor above named, in No. 87-3369. Appeal of Helen W. GJESSING, Individually and as President of the Save Long Bay Coalition, Inc., in No. 87-3370. Appeal of Kate STULL, Individually and as President of the League of Women Voters, Inc., and Ruth Moolenaar, Individually and as Director of the St. Thomas Historic Trust, Inc., in No. 87-3371. Appeal of Leonard REED, Individually and as President of the Virgin Islands Conservation Society, Inc., and Lucien Moolenaar, Individually and as President of the Virgin Islands 2000, Inc., in No. 87-3372.

United States Court of Appeals, Third Circuit.

Decided March 31, 1988.

Attorney(s) appearing for the Case

Rosalie Simmonds-Ballentine Sol. Gen., Richard O. Baker (argued), Asst. Atty. Gen., Gen. Litigation Services, Dept. of Justice, St. Thomas, V.I., for Government of the Virgin Islands.

Rhys S. Hodge (argued), St. Thomas, V.I., for Legislature of the Virgin Islands.

Brenda J. Hollar (argued), St. Thomas, V.I., for Helen W. Gjessing, Individually and as President of the Save Long Bay Coalition, Inc.

Edith L. Bornn, David A. Bornn (argued), Veronica J. Handy, Law Offices of Edith L. Bornn, St. Thomas, V.I., for Kate Stull, Individually and as President of the League of Women Voters, Inc., and Ruth Moolenaar, Individually and as Director of the St. Thomas Historic Trust, Inc.

Judith L. Bourne (argued), St. Thomas, V.I., for Leonard Reed, Individually and as President of the Virgin Islands Conservation Soc., Inc., and Lucien Moolenaar, Individually and as President of the Virgin Islands 2000, Inc.

Before GIBBONS, Chief Judge, and STAPLETON, and MANSMANN, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

The intervenors in this action, including the present Virgin Islands legislature and the officers of various interested citizen groups, appeal from a summary judgment in favor of, and grant of a permanent injunction to, the West Indian Co., Ltd. (WICO). The central issue presented is whether a 1982 agreement between WICO and the Government of the Virgin Islands, ratified...

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