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RAMIREZ MORALES v. ROSA VIERA

Civ. No. 85-1420 (JAF).

632 F.Supp. 491 (1986)

Jaime RAMIREZ MORALES, father of José Luis Ramirez Vázquez, deceased, as successor of his cause of action and in his own behalf; Jose Antonio, Rene, and Cruz Maria Ramirez Vazquez, and Jose Jaime Ramirez Morales, in their own behalf, Plaintiffs, v. Isidoro ROSA VIERA, Badge No. P10275, individually and as a Police Officer of the Police of Puerto Rico; Desiderio Cartagena Ortiz and Jorge Luis Collazo, individually and as former Chiefs of the Police of Puerto Rico; Andres Garcia Arache, individually and as Chief of the Police of Puerto Rico, Defendants.

United States District Court, D. Puerto Rico.

April 2, 1986.

Attorney(s) appearing for the Case

Francisco M. Dolz, Old San Juan, P.R., for plaintiffs.

Magali Arrivi Cros, Federal Litigation Div., Dept. of Justice, San Juan, P.R., for defendants.

ORDER

FUSTE, District Judge.

The defendants have filed a motion to dismiss alleging that the present suit is time barred by the one year Puerto Rico statute of limitations applicable to tort actions, 31 L.P.R.A. Secs. 5141, 5298. Plaintiffs have opposed. We treat the motion to dismiss as one for summary judgment. Fed.R.Civ.P. 12(b)(6) and 56.

The record, seen in the light most favorable to plaintiffs, shows that on Sunday, March 25, 1984, at about...

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