Legal Opinion

Mathes v. Vulcan Materials Co.

District Court, Virgin Islands

Decided August 21, 2009No. Civil No. 2006-229Published

1Opinion of the Court

GÓMEZ, Chief Judge

MEMORANDUM OPINION

(August 21, 2009)

Before the Court is a pleading filed by the plaintiff in this matter, Robert S. Mathes (“Mathes,” or the “Commissioner”), Commissioner of the United States Virgin Islands Department of Planning and Natural Resources (“DPNR”). That pleading, styled as a “Suggestion to Dismiss,” invites the Court to dismiss this matter without prejudice for lack of subject-matter jurisdiction.

I. FACTUAL AND PROCEDURAL BACKGROUND

This action arises from the contamination of the Tutu Wells Aquifer (the “Aquifer”), which was, at one time, a significant source of…

2Cases cited25 opinions

  1. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  2. Bell v. HoodSupreme Court of the United States · 1946
  3. Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988
  4. Merrell Dow Pharmaceuticals Inc. v. Thompson Ex Rel. ThompsonSupreme Court of the United States · 1986
  5. Grable & Sons Metal Products, Inc. v. Darue Engineering & ManufacturingSupreme Court of the United States · 2005

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