(Download) "Jessica T. v. Government of Virgin Islands and Virgin Islands Port Authority" by United States Court of Appeals for the Third Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Jessica T. v. Government of Virgin Islands and Virgin Islands Port Authority
- Author : United States Court of Appeals for the Third Circuit
- Release Date : January 02, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 78 KB
Description
This appeal raises the question of whether, pursuant to Fed. R. Civ. P. 60(b)(6), a district court may reopen a final judgment assuredly based on an incorrect set of facts, where the plaintiffs attorney allegedly possessed but did not present, and the Governments trial attorney should have received but by virtue of an honest mistake did not receive, evidence of the actual facts. In Moolenaar v. Government of the Virgin Islands, Nos. 83-3114 and 83-3123 (3d Cir. Feb. 22, 1984) (memorandum opinion) [Moolenaar I], we affirmed the district courts finding of "mutual mistake" surrounding the question of whether the plaintiffs lease from the Government of 98.307 acres of land included an historic "Great House" and surrounding cottages and land, and upheld a reformation of the contract to carve the area claimed by the plaintiffs out of the lease. We also remanded to the district court for further consideration of whether the plaintiffs were entitled to receive all previously collected rents.
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