Legal Opinion

Bogin v. Smith

Supreme Court of The Virgin Islands

Decided March 2, 1977No. Civil No. 531/1976Published

1Opinion of the CourtFeuerzeig, Judge

*228MEMORANDUM AND ORDER

Plaintiff Arthur Bogin has filed a Motion for Summary-Judgment, which has been opposed by Defendant Robert Smith. Both sides having presented memoranda in support of their positions, this Court heard arguments on the motion on February 4,1977.

Under the Federal Rules of Civil Procedure, 5 V.I.C. App. I Rule 56, summary judgment may not be granted when there are unresolved genuine issues of material fact. All doubts as to the existence of a genuine issue of a material fact must be resolved against the party moving for summary judgment. In this jurisdiction, the movant not…

2Cases cited5 opinions

  1. Florence Lustig Crossman, A/K/A Florence Lustig, Trading and Doing Business as Florence Lustig v. Fontainebleau Hotel Corp.Court of Appeals for the Fifth Circuit · 1959
  2. First Pennsylvania Banking & Trust Co. v. United States Life InsuranceCourt of Appeals for the Third Circuit · 1969
  3. Henderson v. ResevicDistrict Court, Virgin Islands · 1967
  4. College of the Virgin Islands v. Vitex Manufacturing Co.Municipal Court of The Virgin Islands · 1965
  5. Cintron v. AndrewsDistrict Court, Virgin Islands · 1969

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