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DURANT v. HUSBAND

No. 93-7414.

28 F.3d 12 (1994)

Frank DURANT, Appellee, v. David HUSBAND; Government of the Virgin Islands; Contant Restaurant Association, Inc., d/b/a Old Mill and Sugars Night Club, Government of the Virgin Islands, Appellant.

United States Court of Appeals, Third Circuit.

Decided June 24, 1994.

Attorney(s) appearing for the Case

Frederick Handleman, (argued), Rosalie Simmonds Ballentine, Atty. Gen., Paul L. Gimenez, Sol. Gen., Darlene C. Grant, Office of the Atty. Gen., Charlotte Amalie, St. Thomas USA Virgin Islands, for appellant, Government of the Virgin Islands.

Andrew L. Capdeville, (argued), Law Offices of Andrew L. Capdeville, Charlotte Amalie, St. Thomas USA Virgin Islands, for appellee, Frank Durant.

Before: STAPLETON, ALITO, and WEIS, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

In this suit under the Virgin Islands Tort Claims Act, plaintiff secured a default in the district court after the territorial government had failed to answer the complaint. After a contested hearing that was limited to damages, plaintiff received a judgment for $25,000. We hold that the award was a "judgment by default" against the government and thus proscribed by...

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