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JOSEPH v. HENRY

Civ.App. No. 96-93.

958 F.Supp. 238 (1997)

Gloria Weston JOSEPH, Marjorie Weston Smith, Doris Weston Todman, John I. Weston Jr., Dr. Warren Smith, Ludvig Gibbs, and Adleine Gibbs, Appellants, v. Ephraim HENRY and Ann Henry, Appellees.

District Court, Virgin Islands, Appellate Division, Division of St. Thomas and St. John.

Decided March 14, 1997.

Attorney(s) appearing for the Case

Gregory H. Hodges, Dudley, Topper and Feuerzeig, St. Thomas, U.S. Virgin Islands, for Appellants.

Alan D. Smith, Hodge & Francois, St. Thomas, U.S. Virgin Islands, for Appellees.

Before MOORE, Chief Judge, District Court of the Virgin Islands; FINCH, District Court Judge of the Virgin Islands; and PATRICIA D. STEELE, Territorial Court Judge, Division of St. Croix, Sitting by Designation.

OPINION OF THE COURT

PER CURIAM.

In this appeal, appellants ["Henrys"] challenge the Territorial Court's decision (a) finding that appellants breached their contract of sale by violating a restrictive covenant; and (b) granting injunctive relief to appellees based on the breach. For the reasons cited below, we find no clear error in the Territorial Court's finding that a breach occurred. However, we hold that the trial court erred in finding that the breach...

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