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VIRGIN ISLANDS JOINT BD. OF EDUC. v. FARRELLY

No. 92-7209.

984 F.2d 97 (1993)

VIRGIN ISLANDS JOINT BOARD OF EDUCATION v. Alexander A. FARRELLY, in his capacity as Governor of the Virgin Islands; Linda Creque, in her capacity as Commissioner of Education; Government of the Virgin Islands, Alexander A. Farrelly, in his capacity as Governor of the Virgin Islands, Appellant.

United States Court of Appeals, Third Circuit.

Decided January 22, 1993.

Attorney(s) appearing for the Case

Rosalie Simmonds Ballentine, Atty. Gen., Roy E. Parrott, Acting Sol. Gen., Robert Bornholt (Argued), Asst. Atty. Gen., Elliott M. Davis, Asst. Atty. Gen., Dept. of Justice, Charlotte Amalie, U.S. Virgin Islands, for appellant.

Brenda J. Hollar (Argued), Charlotte Amalie, U.S. Virgin Islands, for appellee.

Before: BECKER, COWEN and ROTH, Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

The Virgin Islands Legislature has granted both the Virgin Islands Board of Education ("Board") and the Virgin Islands Department of Education ("Department") fairly broad powers with respect to the operation of the Virgin Islands public schools. This appeal presents the question whether the Board or the Department has the statutory authority to set the school calendar.

The case arises from a tug-of-war...

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