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GULF TRADING v. NATIONAL ENTERPRISES

D.C.Civ.App. No. 1993-254. Terr.Ct.Civ. Nos. 205 & 206/88.

912 F.Supp. 177 (1996)

GULF TRADING CORPORATION and Island Hardware Corp., Appellants, v. NATIONAL ENTERPRISES OF ST. CROIX, INC., Appellee.

District Court, Virgin Islands, Appellate Division, D. St. Croix.

Decided January 24, 1996.

Attorney(s) appearing for the Case

Wilfredo A. Geigel, Law Offices of Wilfredo A. Geigel, Gallows Bay, St. Croix, U.S. Virgin Islands, for Appellant.

Lolita d/Jns de Paiewonsky, Christiansted, St. Croix, U.S. Virgin Islands, for Appellee.

Before: THOMAS K. MOORE, Chief Judge, District Court of the Virgin Islands; STANLEY S. BROTMAN, Sr. Judge of the United States District Court for the District of New Jersey, Sitting by Designation; and ISHMAEL A. MEYERS, Territorial Court Judge of the Virgin Islands, Division of St. Thomas and St. John, Sitting by Designation.

OPINION OF THE COURT

MOORE, Chief Judge.

We here decide whether the Territorial Court erred in finding that Gulf Trading Corporation and Island Hardware Corp. [collectively "Gulf Trading" or "appellants"] sent inferior goods to National Enterprises of St. Croix ["National" or "appellee"] which resulted in a set-off against amounts due Gulf Trading.

BACKGROUND

Sometime in or around March, 1986, in Puerto Rico, Gulf Trading agreed to supply...

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