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VARGAS v. BARCELO

No. 7700.

435 F.2d 843 (1970)

Manuel Munoz VARGAS et al., Plaintiffs, Appellants, v. Carlos A. Romero BARCELO, Defendant, Appellee.

United States Court of Appeals, First Circuit.

December 28, 1970.

Attorney(s) appearing for the Case

Luis Munoz Rivera, Hato Rey, P.R., on brief for appellants.

Luis F. Gomez, San Juan, P.R., for appellee on motion to dismiss.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

PER CURIAM.

Plaintiffs, on behalf of themselves and others similarly situated, sued Carlos A. Romero Barcelo, describing him as Mayor of San Juan, and making service of process upon a secretary in the Legal Division of the Municipality of San Juan, Puerto Rico, hereinafter the Municipality. Considering itself the intended defendant, the Municipality appeared and subsequently moved to dismiss for defective service of process and, alternatively, because the complaint...

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