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FABEND v. ROSEWOOD HOTELS AND RESORTS, L.L.C.

No. 1999-155.

174 F.Supp.2d 356 (2001)

Richard FABEND and Margaret Fabend, Plaintiffs, v. ROSEWOOD HOTELS AND RESORTS, L.L.C., Caneel Bay, Inc., and United States of America, Defendants. Rosewood Hotels and Resorts, L.L.C., Caneel Bay, Inc., Third-party Plaintiffs, v. United States of America, Third-party Defendant.

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

December 3, 2001.

Attorney(s) appearing for the Case

Vincent A. Colianni, St. Croix, VI, for the plaintiff.

Matthew J. Duensing, St. Thomas, VI, for defendant Rosewood Hotels.

Joycelyn Hewlett, AUSA, St. Thomas, VI, for defendant United States of America.

MEMORANDUM

MOORE, District Judge.

Defendant and third-party defendant United States ["United States" or "defendant"] moves to dismiss the complaint of plaintiffs Richard and Margaret Fabend [collectively "Fabends" or "plaintiffs"] or in the alternative for summary judgment.1 Plaintiffs and third-party plaintiffs Rosewood Hotel and Caneel Bay, Inc. oppose the government's motion. For the reasons set forth below, this Court will...

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