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ST. THOMAS—ST. JOHN HOTEL v. GOVERN. OF U.S. VI

Nos. 99-3513, 99-3563.

218 F.3d 232 (2000)

THE ST. THOMAS—ST. JOHN HOTEL & TOURISM ASSOCIATION, INC.; The St. Thomas—St. John Chamber of Commerce, Inc.; St. Croix Hotel & Tourism Association, Inc. v. GOVERNMENT OF THE UNITED STATES VIRGIN ISLANDS, by and through the Virgin Islands Department of Labor; Eleuteria Roberts, in her official capacity as Acting Commissioner of the Virgin Islands Department of Labor, Appellants in No. 99-3563 Elsa Huggins; Ladiah Whyte, Intervenors/Appellants in No. 99-3513

United States Court of Appeals, Third Circuit.

Filed June 30, 2000.

Attorney(s) appearing for the Case

Iver A. Stridiron, Pamela R. Tepper, Carol S. Moore, Department of Justice St. Thomas, USVI, for Appellants in No. 99-3563.

Scott A. Kronland, Altshuler, Berzon, Nussbaum Berzon & Rubin, San Francisco, CA, Jonathan P. Hiatt, Washington, D.C., Richard Austin, Kathleen Navin (Argued), Legal Services of Virgin Islands, Inc., Christiansted, St. Croix, USVI, for Intervenors/Appellants in No. 99-3513.

Charles E. Engeman (Argued), Dudley, Topper & Feuerzeig, Charlotte Amalie, St. Thomas, USVI, for Appellees.

Before: SLOVITER and RENDELL, Circuit Judges, and BYRNE, District Judge.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

INTRODUCTION

Before us is an appeal from the order of the District Court granting a preliminary injunction enjoining enforcement of the Virgin Islands Wrongful Discharge Act (WDA or "Act"), V.I.Code Ann. tit. 24, §§ 76-79, a territorial law that declares that an employee discharged for any reason other than for cause as set forth in nine enumerated reasons "shall be considered...

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