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

No. Civ. 1999-155.

181 F.Supp.2d 439 (2002)

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 and St. John.

January 23, 2002.

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.

Defendants and third-party plaintiffs, Rosewood Hotels & Resorts and Caneel Bay, Inc. [collectively "defendants"], move for summary judgment. Plaintiffs Richard and Margaret Fabend [collectively "Fabends" or "plaintiffs"] and third-party defendant United States oppose defendants' motion. For the reasons set forth below, this Court will grant defendants' motion.

I. FACTS

In February 1999, the Fabends...

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