BROWN v. FRANCIS

No. 95-7273.

75 F.3d 860 (1996)

Barry BROWN; Jolie Stahl, as they are Trustees of the Long Bay Trust v. Leo FRANCIS, as he is the Commissioner of the Department of Public Works; Delma G. Hodge, as she is the Commissioner of the Department of Property and Procurement of the Government of the Virgin Islands; Government of the Virgin Islands of the United States of America (D.C. No. 92-cv-00081). GOVERNMENT OF the VIRGIN ISLANDS v. 0.459 ACRES OF LAND CONSISTING OF FOLLOWING: PARCEL NO. 6A ESTATE THOMAS KINGS QUARTER AND PARCEL NO. 9A ESTATE THOMAS, VIRGIN ISLANDS; Long Bay Trust (D.C. No. 93-cv-00059), Leo Francis, as he is the Commissioner of the Department of Public Works; Delma G. Hodge, as she is the Commissioner of the Government of the Virgin Islands; Government of the Virgin Islands of the United States of America, Appellants.

United States Court of Appeals, Third Circuit.

Decided February 7, 1996.


Attorney(s) appearing for the Case

Robert W. Bornholt, Pamela Tepper (argued), Department of Justice, St. Thomas, USVI, for Appellants.

Morris M. Goldings (argued), Ellen S. Shapiro, Mahoney, Hawkes & Goldings, Boston, Massachusetts, for Appellees.

Before: GREENBERG and McKEE, Circuit Judges, and ACKERMAN, District Judge.


OPINION OF THE COURT

HAROLD A. ACKERMAN, Senior District Judge.

On this appeal, we are faced with several interrelated jurisdictional issues arising out of appellant Long Bay Trust's inverse condemnation action filed in the District Court of the Virgin Islands and the Government of the Virgin Islands' ("government") parallel eminent domain action filed in the Territorial Court of the Virgin Islands. Both cases involved the same parcels of land.

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