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GOVERNMENT OF VIRGIN ISLANDS v. AT & T OF V.I., INC.

Nos. CIV.A.2001-195, CIV.A.2001-193.

274 F.Supp.2d 731 (2003)

GOVERNMENT OF THE VIRGIN ISLANDS, Appellants, v. AT & T OF THE VIRGIN ISLANDS, INC. and Caneel Bay, Inc., Appellees. Government of the Virgin Islands, Appellant, v. Miller Properties, Inc., Appellee.

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

July 24, 2003.

Attorney(s) appearing for the Case

Douglas J. Juergens, AAG, St. Thomas, VI, for Appellants.

Henry L. Feuerzeig, Chad C. Messier, St. Thomas, VI, for Appellees AT & T and Caneel Bay.

James M. Derr, David E. Nichols, St. Thomas, VI, for Appellee Miller Properties.

Before: RAYMOND L. FINCH, Chief Judge of the District Court of the Virgin Islands; THOMAS K. MOORE, Judge of the District Court of the Virgin Islands; and DARRYL DEAN DONOHUE, Judge of the Territorial Court of the Virgin Islands, Division of St. Croix, Sitting by Designation.

OPINION

PER CURIAM.

I. FACTUAL BACKGROUND

A. AT & T and Caneel Bay

On February 24 and February 25, 1998, the Government of the Virgin Islands, through Lorna Webster ["Webster"] as the director of the Division of Corporations and Trademarks, sent Caneel Bay letters informing that an examination of its franchise tax reports indicated that Caneel Bay had failed to include additional paid-in capital in its calculation of franchise taxes...

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