COADY v. AGUADILLA TERMINAL INC.

No. 71-1347.

456 F.2d 677 (1972)

John M. COADY, Plaintiff-Appellant, v. AGUADILLA TERMINAL INC., and the Home Insurance Company, Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided March 14, 1972.


Attorney(s) appearing for the Case

Antonio M. Bird, San Juan, P. R., and Rivera Antonio M. Bird, Jr., Hato Rey, P. R., on brief for appellant.

David Rive-Rivera, Santurce, P. R., and Rieckehoff, Calderon, Vargas & Arroyo, San Juan, P. R., on brief for appellees.

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


ALDRICH, Chief Judge.

This is a diversity action for personal injury brought in the District Court of Puerto Rico by a foreign plaintiff. Shortly after the filing of the action defendants moved for security for costs, expenses, and attorney's fees, and, by stipulation, it was ordered that plaintiff should post a $250 bond in 90 days. Nothing occurred for over a year, when defendants moved to dismiss for failure to post the bond. Plaintiff promptly tendered the bond...

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