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GARCIA v. FANTAUZZI

No. 1991.

20 F.2d 524 (1927)

GARCIA v. FANTAUZZI.

Circuit Court of Appeals, First Circuit.

On Petition for Rehearing, September 7, 1927.

Attorney(s) appearing for the Case

E. B. Wilcox, of San Juan, Porto Rico, for plaintiff in error.

Francis E. Neagle, of New York City (Tomas Bernardini de la Huerta, of Guayama, Porto Rico, and O. B. Frazer, of San Juan, Porto Rico, on the brief), for defendant in error.

Before BINGHAM, JOHNSON, and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge.

The court below sustained a demurrer, and dismissed the complaint. The case comes here on a writ of error with numerous assignments. Jurisdiction is grounded on diversity of citizenship. It is a very unusual case.

The complaint, filed June 1, 1925, sets up that the plaintiff is the natural son of defendant and Jacinto Garcia y Torrendell; that she is the plaintiff's guardian; that both are citizens of the United States domiciled in...

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