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UNITED STATES v. PENN

Civ. No. 1981/41.

632 F.Supp. 691 (1986)

UNITED STATES of America, Plaintiff, v. Roy A. PENN, Government of the Virgin Islands, Arnold Golden, Commissioner of Public Works Department, Defendants.

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

April 17, 1986.

Attorney(s) appearing for the Case

Dorothy R. Burakreis, Dept. of Justice, Land & Natural Resources Div., Washington, D.C., James S. Carroll, III, Asst. U.S. Atty., St. Thomas, V.I., for plaintiff.

John W. Stryker, Birch, deJongh & Farrelly, St. Thomas, V.I., for defendant Roy A. Penn.

Rosalie Simmonds Ballentine, Asst. Atty. Gen., St. Thomas, V.I., for defendant Government of the Virgin Islands.

DAVID V. O'BRIEN, District Judge.

The question before us is whether the defendant may counterclaim against the United States for affirmative injunctive relief. We hold that sovereign immunity proscribes such a claim.

I. FACTS

In June, 1960, the United States acquired approximately 164 acres on the island of St. John. The tract formerly comprised Estate Great Cinnamon Bay and is now the site of the Virgin Islands National Park. The defendant, Roy...

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