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GARDINER v. VIRGIN ISLANDS WATER & POWER AUTHORITY

No. 96-7565.

145 F.3d 635 (1998)

Fitzroy GARDINER, d/b/a Western Trading Enterprises, v. VIRGIN ISLANDS WATER & POWER AUTHORITY. VIRGIN ISLANDS WATER & POWER AUTHORITY, Third-Party Plaintiff, v. The FEDERAL EMERGENCY MANAGEMENT AGENCY; The Army Corp of Engineers; The United States Geological Society, Third-Party Defendants, Virgin Islands Water & Power Authority, Appellant.

United States Court of Appeals, Third Circuit.

Decided June 8, 1998.

Attorney(s) appearing for the Case

John K. Dema (Argued), Carey-Anne Moody, Christiansted, St. Croix, U.S. Virgin Islands, for Appellee.

John J. Cooney (Argued), Venable, Baetjer, Howard & Civiletti, Washington, DC, Barbara Twine-Thomas, Charlotte Amalie, St. Thomas, U.S. Virgin Islands, for Appellant.

Before: BECKER, ROTH and WEIS, Circuit Judges.

OPINION OF THE COURT

ROTH, Circuit Judge

When Hurricane Hugo hit the Virgin Islands on September 17 and 18, 1989, it destroyed the potable water delivery system on St. Croix. The Virgin Islands Water and Power Authority (WAPA),1 and officials of the United States government immediately began efforts to restore water service, using fresh water wells. Because the equipment being used at...

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