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JIMENEZ PUIG v. AVIS RENT-A-CAR SYSTEM

No. 77-1491.

574 F.2d 37 (1978)

Dr. Gabriel JIMENEZ PUIG, Plaintiff, Appellee, v. AVIS RENT-A-CAR SYSTEM, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 24, 1978.

Attorney(s) appearing for the Case

Rafael Perez-Bachs, San Juan, P. R., with whom McConnell, Valdes, Kelley, Sifre, Griggs & Ruiz-Suria, San Juan, P. R., was on brief, for defendant, appellant.

Jorge Luis Ortiz Viera, Hato Rey, P. R., with whom Ciro A. Betancourt and Pernas, Betancourt & De La Torre, Santurce, P. R., were on brief, for plaintiff, appellee.

Before CAMPBELL, BOWNES and MOORE, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

The plaintiff, Dr. Gabriel Jimenez Puig, a citizen of Puerto Rico, brought the present action under the diversity jurisdiction of the district court against Avis Rent-A-Car System (Avis). His complaint alleged that in October 1975 he flew to Dulles Airport in Virginia. At Dulles he went to the Avis counter to arrange for the rental of a car he had reserved:

"Upon arrival . . . Plaintiff presented his [credit] card at the...

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