United States v. Harvey Blumenthal, Doing Business as Harvey Peters, Ltd.

The defendant appeals from a judgment of the District Court of the Virgin Islands granting the plaintiff restitution of a parcel of real estate in St. Thomas known as Building No. 112-2-1, Bourne Field, which the defendant has occupied as a tenant of the plaintiff, and awarding the plaintiff damages for the detention of the premises. The judgment was entered on motion of the plaintiff. While this motion was entitled a motion for summary judgment under Rule 56(a), Federal Rules of Civil Procedure, the parties did not rely on depositions, admissions or affidavits, but solely on the pleadings.…