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GOV OF VIRGIN ISLANDS v. INNOVATIVE COMMUNICATIONS

Civ. App. No. 2001-033.

215 F.Supp.2d 603 (2002)

GOVERNMENT OF the VIRGIN ISLANDS, Honorable Gerard L. James, III, in his official capacity as Lieutenant Governor of the Virgin Islands of the United States, and the Honorable Bernice Turnbull, in her official capacity as Commissioner, Department of Finance of the Government of the Virgin Islands, Appellants, v. INNOVATIVE COMMUNICATIONS CORP. f/k/a Atlantic Tele-Network Co., and Virgin Islands Telephone Corp., Appellees.

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

Filed August 6, 2002.

Attorney(s) appearing for the Case

Richard S. Davis, Assistant Attorney General, St. Thomas, U.S.V.I., for appellants.

Kevin A. Rames, St. Croix, U.S.V.I., for appellees.

Before THOMAS K. MOORE, Judge of the District Court of the Virgin Islands, STANLEY S. BROTMAN, Senior Judge of the U.S. District Court for the District of New Jersey and ISHMAEL A. MEYERS, Judge of the Territorial Court of the Virgin Islands, Division of St. Thomas, Sitting by Designation.

OPINION OF THE COURT

I. FACTUAL AND PROCEDURAL BACKGROUND

In January, 1998, the Government of the Virgin Islands ["government" or "appellant"] notified the Atlantic Tele-Network Company, now known as Innovative Communications Corporation ["Innovative"], and the Virgin Islands Telephone Company ["Vitelco"] [collectively "appellees"] that the Division of Corporations and Trade Names of the Office of the Lieutenant...

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