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WELLS v. PLASKETT

Civ. No. 289-1966.

298 F.Supp. 1162 (1969)

N. O. WELLS, Plaintiff, v. Innocencia PLASKETT, Defendant, C. Warren SMITH, Third-Party Defendant.

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

April 24, 1969.

Attorney(s) appearing for the Case

George H. T. Dudley, Charlotte Amalie, V. I., for plaintiff.

John L. Maduro, Charlotte Amalie, V. I., for defendant Plaskett.

McGowan, Loud, Campbell & Dennenberg, Charlotte Amalie, V. I. (Roger L. Campbell, Charlotte Amalie, V. I., of counsel), for third-party defendant Smith.

MEMORANDUM

STALEY, Circuit Judge (sitting by designation).

Plaintiff, N. O. Wells, brought suit against defendant, Innocencia Plaskett, on October 5, 1966, alleging that defendant had created a nuisance by placing the dirt from an excavation on her land adjoining plaintiff's against plaintiff's building causing seepage of moisture through the walls and eventual decomposition of the mastic used to attach the vinyl tile to the floor of the building. Plaintiff...

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