THOMAS v. ABAMAR-BB

D.C.Civ.App. No. 1995-59. T.C.Civ. No. 150-1995.

934 F.Supp. 164 (1996)

Eisenhower THOMAS, Appellant, v. ABAMAR-BB, Lisa Moorhead as Commissioner of Virgin Islands Department of Labor, Virgin Islands Department of Labor, and Government of the Virgin Islands, Appellees.

District Court, Virgin Islands, Appellate Division, D. St. Croix.

Filed August 8, 1996.


Attorney(s) appearing for the Case

Richard Austin, Supervising Attorney, Legal Services of the Virgin Islands, St. Croix, U.S.V.I., for Appellant.

David Nichols, D'Amour, Jones, Stryker, Duensing, & Nichols, St. Croix, U.S.V.I., for Appellees.

Before: THOMAS K. MOORE, Chief Judge, District Court of the Virgin Islands; RAYMOND L. FINCH, Judge of the District Court of the Virgin Islands; and ISHMAEL MEYERS, Territorial Court Judge, Division of St. Thomas, Sitting by Designation.


OPINION OF THE COURT

PER CURIAM.

We address on appeal whether the Territorial Court abused its discretion or erred by denying appellant's request for a writ of review without reviewing the Department of Labor record, based on a finding that appellant failed to meet his burden of establishing agency error. For the reasons stated herein, we affirm the Territorial Court's decision.

FACTUAL BACKGROUND

This appeal grows out of the Territorial...

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