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ALKON v. U.S.

No. 00-3439.

239 F.3d 565 (2001)

Thomas ALKON v. UNITED STATES of America; G & C Enterprises; Rigger & Erectors; Lebron Associates; Spillis Candela and Partners, Inc., United States of America, Appellants.

United States Court of Appeals, Third Circuit.

Filed January 19, 2001.

Attorney(s) appearing for the Case

Gordon C. Rhea, Esquire (ARGUED) Alkon, Rhea & Hart 2115 Queen Street Christiansted, St. Croix USVI 00820, Counsel for Appellee.

Curtin V. Gomez, Esquire Office of United States Attorney United States Courthouse 5500 Veterans Building, Suite 260 Charlotte Amalie, St. Thomas USVI 00802-6924

Denise A. Hinds, Esquire Office of United States Attorney, 1108 King Street, Suite 201 Christiansted, St. Croix David W. Ogden, Assistant Attorney General James A. Hurd, Jr., United States Attorney Robert S. Greenspan Daniel L. Kaplan (ARGUED), Attorneys, Appellate Staff, United States Department of Justice, Civil Division, Washington, DC, 20530-0001, Counsel for Appellant.

BEFORE: MANSMANN and ALITO, Circuit Judges, and ACKERMAN, District Judge..

OPINION OF THE COURT

MANSMANN, Circuit Judge.

In this personal injury action filed against the United States pursuant to the Federal Tort Claims Act, 28 U.S.C. § 1346, the United States appeals from an order of the District Court directing that the United States pay interest on a judgment entered against it at the rate set forth in the Virgin Islands Code, 5 V.I.C. § 426, rather than pursuant to 2 the generally applicable rate formula set forth...

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