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MONTES v. SANCHO

No. 3048.

82 F.2d 25 (1936)

MONTES v. SANCHO, Treasurer of Puerto Rico.

Circuit Court of Appeals, First Circuit.

February 25, 1936.

Attorney(s) appearing for the Case

Martin Travieso, of San Juan, P. R. (Diego O. Marrero and Benjamin Ortiz, both of San Juan, P. R., on the brief), for appellant.

William Cattron Rigby, of Washington, D. C. (B. Fernandez Garcia, Atty. Gen., P. R., and Nathan R. Margold, of Washington, D. C., on the brief), for appellees.

Before BINGHAM, WILSON, and MORTON, Circuit Judges.

BINGHAM, Circuit Judge (after stating the facts as above).

The main question to be determined is whether the Supreme Court of Puerto Rico erred in refusing to issue a writ of mandamus requiring the Treasurer of Puerto Rico to restore the plaintiff to the office of clerk in the Treasury Department of Puerto Rico, for the collection of the gasoline tax, and dismissing the complaint. In that court the following facts were found to be undisputed:

"On November...

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