HUCK ON BEHALF OF SEA AIR SHUTTLE CORP. v. DAWSON

Nos. 96-7341, 96-7342 and 96-7444.

106 F.3d 45 (1997)

Lewis F. HUCK, derivatively on Behalf of SEA AIR SHUTTLE CORPORATION v. Eric DAWSON; Rosalie Simmonds Ballentine; Rhudel George; Leo Francis; Robert O'Connor, Jr.; William Quetel; George Goodwin; Luis Sotomayor; Earl Roebuck; Members of The Board of Directors; Gordon A. Finch, Executive Director; Lt. Gov. Derek M. Hodge; Alexander A. Farrelly, Governor; Governor of the Virgin Islands. Lewis F. HUCK, derivatively on Behalf of SEA AIR SHUTTLE CORPORATION v. VIRGIN ISLANDS PORT AUTHORITY; Sea Air Shuttle Corporation, Lewis F. Huck, derivatively on behalf of Sea Air Shuttle Corporation, Appellant.

United States Court of Appeals, Third Circuit.

Decided February 6, 1997.


Attorney(s) appearing for the Case

Lawrence E. Duffy (argued), Martinez-Alvarez, Fernandez-Paoli, Menendez-Monroig, San Juan, PR, for Appellant.

Frederick G. Watts (argued), John H. Benham, III, Watts and Benham, Charlotte Amalie, Saint Thomas, for Appellees Dawson, Ballentine, George, Francis, O'Connor, Quetel, Goodwin, Sotomayor, Roebuck, Finch, the Virgin Islands Port Authority and Sea Air Shuttle Corporation.

Maureen P. Cormier, Carol Moore, Office of the Attorney General of the Virgin Islands, Department of Justice, Charlotte Amalie, St. Thomas, for Appellees Hodge and Farrelly.

Before: SCIRICA, NYGAARD and McKEE, Circuit Judges


NYGAARD, Circuit Judge:

The appellant, Lewis F. Huck, suing derivatively on behalf of Sea Air Shuttle Corporation, appeals separate orders of the district court dismissing his suit and awarding costs and attorneys' fees to the appellees. Huck argues that the district court erred first by applying the res judicata doctrine, and second, by awarding costs and attorneys' fees to the appellees. We conclude that Huck's arguments, and indeed this appeal, are frivolous and...

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