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LUBICK v. TRAVEL SERVICES, INC.

Civ. No. 1981-15.

573 F.Supp. 904 (1983)

Marvin LUBICK, Eldrie Lubick, Alice Burhenne and John Burhenne, Plaintiffs, v. TRAVEL SERVICES, INC., The Peninsular and Oriental Steam Navigation Company d/b/a Princess Cruises, John A. Tetley Co., Inc. T.M. Donald Todman, and Government of the Virgin Islands, Defendants, v. UNITED TOURS, INC., Third-Party Defendant.

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

September 30, 1983.

Attorney(s) appearing for the Case

Judith Turner, Isherwood, Hunter & Colianni, Christiansted, St. Croix, V.I., for plaintiffs.

R. Eric Moore, Law Office of Eric Moore, Christiansted, St. Croix, V.I., for defendant Travel Services Inc.

Douglas Brady, Alfred & Brady, Christiansted, St. Croix, V.I., for defendant T.M. Donald Todman.

Adriane Dudley, Dudley, Dudley & Topper, St. Thomas, V.I., for defendants, John A. Tetley Co., Inc. and Peninsular and Oriental Steam Nav. Co.

Arnold Selke, St. Thomas, V.I., for thirdparty defendant United Tours, Inc.

Susan Bruch, Asst. Atty. Gen., Dept. of Law, St. Thomas, V.I., for Government of Virgin Islands.

MEMORANDUM

CHRISTIAN, Chief Judge.

This case is before the Court on motion of defendant The Peninsular and Oriental Steam Navigation Company, doing business as "P & O" and as "Princess Cruises" (hereinafter Princess Cruises), for summary judgment. Fed.R.Civ.P. 56. There being no material facts in dispute, the case is ripe for disposition at this time.

BACKGROUND

In December of 1978, each plaintiff purchased a ticket for a vacation cruise...

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