HILMON CO. (V.I.) INC. v. HYATT INTERN.

Nos. 89-3329, 89-3675.

899 F.2d 250 (1990)

The HILMON COMPANY (V.I.) INC., a Corporation, Appellant, v. HYATT INTERNATIONAL, Hyatt Corporation, Criswell Development Corp., Mahogany Run Development Corp., Armour Joint Venture, Lovenlund Resorts, James Armour Enterprises, Richard L. Schulze, William Criswell, Sharon Criswell, James Armour, Homer Wheaton, Hyatt Development Corp.

United States Court of Appeals, Third Circuit.

Decided March 23, 1990.

Rehearing Denied April 20, 1990.


Attorney(s) appearing for the Case

Emilio T. Gurrola, McKiernan, Gurrola, Moriwaki & Brady, Los Angeles, Cal., for appellant.

Warren B. Cole, Hunter Colianni Cole & Turner, Christiansted, St. Croix, U.S. Virgin Islands, Peter W. Homer, Laura Besvinick, Greer, Homer & Bonner, P.A., Miami, Fla., for appellees.

Before MANSMANN and NYGAARD, Circuit Judges.


Appeal Submitted Pursuant to Third Circuit Rule 12(6) December 7, 1989.

Motion Submitted Pursuant to Third Circuit Rule 11(1).

OPINION OF THE COURT

NYGAARD, Circuit Judge.

Four appellees, Hyatt International, S.A.; Hyatt Development Corp.; Hyatt Corporation and Richard L. Schulze ("the Hyatt appellees") petition this court for an award of delay damages pursuant to Fed.R.App.P. 38 because appellant, the Hilmon Company, (V.I.) Inc. ("Hilmon...

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