United States First Circuit

In a suit involving possessory and monetary claims over unsold timeshare units on an island in the Virgin Islands, the district court's affirmation of a Small Business Administration Receiver's Report and Recommendation denying the Government of the Virgin Island's (GVI) possessory request and granting its monetary request is affirmed over GVI's arguments that the district court: 1) should have abstained from deciding whether GVI was entitled to possession of the unsold timeshare units; 2) did not give it sufficient opportunity to present evidence in favor of its claims; 3) wrongly concluded that GVI was not entitled to possession of the unsold timeshare units; and 4) erroneously resolved GVI's monetary claim.

Appellate Information

• Decided 04/11/2007
• Published 04/11/2007

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, Circuit Judge, STAHL, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• John J. Jacko, III, with whom H. Marc Tepper and Buchanan Ingersoll & Rooney, PC, were on brief, for claimant-appellant.


• For Appellees:
  
• Thomas W. Rigby, Chief Counsel for SBIC Liquidation, Office of General Counsel, U.S. Small Business Administration, with whom Stacey P. Nakasian and Duffy Sweeney & Scott, LTD. were on brief, for appellee.