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TOPA EQUITIES (V.I.), LTD. v. BARED JEWELERS OF THE V.I., INC.

No. CIV.A.2002-156.

332 F.Supp.2d 814 (2004)

TOPA EQUITIES (V.I.), LTD., Appellant, v. BARED JEWELERS OF THE V.I., INC., Appellee.

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

Filed: August 23, 2004.

Attorney(s) appearing for the Case

Garry E. Garten, Esq., St. Thomas, VI, for Appellant.

Richard M. Prendergast, Esq., St. Thomas, VI, for Appellee.

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 EDGAR D. ROSS, Judge of the Territorial Court of the Virgin Islands, Division of St. Croix, Sitting by Designation.

MEMORANDUM

PER CURIAM.

I. INTRODUCTION

Appellant now appeals the trial court's judgment in an action for breach of a lease arguing that the lease's indemnification clause allows his insurer to subrogate to his rights against the appellee, and thereby warrants recovery of all monies expended in defending a lawsuit by appellee's employee. After due consideration, we will reverse the trial court's judgment.

II. FACTUAL AND...

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