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YANES v. IRIZARRY

Civ. No. 276-61.

217 F.Supp. 57 (1963)

Domingo Rosario YANES et al., Plaintiffs, v. Pascual IRIZARRY, Esso Standard Oil Company, Commercial Insurance Company, Defendants and Third-Party Plaintiffs, v. The COMMONWEALTH OF PUERTO RICO, Third-Party Defendant.

United States District Court D. Puerto Rico, San Juan Division.

May 9, 1963.

Attorney(s) appearing for the Case

Hector Lugo Bougal, H. Febus Bernardini, Ponce, P. R., for plaintiffs.

Felix Ochoteco, Jr., San Juan, P. R., for Puerto Rico Tel. Co.

Rieckehoff & Vargas, San Juan, P. R., for Burnup & Sims.

Hiram R. Cancio, Arturo Estrella, Vicente Lopez Perez, San Juan, P. R., for third-party defendant Commonwealth of Puerto Rico.

Cuprill & Wilson, Ponce, P. R., for Indust. Freight Service, Inc.

RUIZ-NAZARIO, Chief Judge.

The Commonwealth of Puerto Rico, as third-party defendant herein, has moved to dismiss the third-party complaint for lack of jurisdiction in this Court, invoking, in support of its said contention, the provisions of Act No. 104, of the Legislature of Puerto Rico, approved June 29, 1955, 32 L.P.R.A. § 3077 et seq. under which, said party defendant claims, that it waived thereby its sovereign immunity (Sec. 2 of the Act, Sec. 3077 T....

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