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RYANS RESTAURANT, INC. v. LEWIS

Civ. App. No. 95-105.

949 F.Supp. 380 (1996)

RYANS RESTAURANT, INC. d/b/a Alexander's Cafe, M.A.T.S., Inc. d/b/a Epernay, and Alexander Treml, Appellants, v. Ben Earl LEWIS, Nominal Appellee.

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

Decided December 24, 1996.

Attorney(s) appearing for the Case

Arthur Pomerantz, St. Thomas, U.S.V.I., for Appellants.

Ben Earl Lewis, St. Thomas, U.S.V.I., Nominal Appellee.

Before: MOORE, Chief Judge, District Court of the Virgin Islands; FINCH, Judge of the District Court of the Virgin Islands; and EDGAR D. ROSS, Judge of the Territorial Court of the Virgin Islands, St. Croix Division, Sitting by Designation.

OPINION OF THE COURT

PER CURIAM.

We address on appeal the question of whether the Small Claims Division of the Territorial Court, in a breach of contract matter, erred in failing to grant a Motion to Set Aside the Default Judgment. For the reasons stated herein, we reverse and remand the judgment for proceedings not inconsistent with this opinion.

The record reflects that on December 29, 1994, pro...

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