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IN RE BIRD COPYING MACHINES, INC.

No. 79-1489.

618 F.2d 883 (1980)

In re BIRD COPYING MACHINES, INC., Bankrupt. Felipe Pla FERNANDEZ, Trustee-Appellee, v. MUNICIPIO DE SAN JUAN et al., Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided April 8, 1980.

Attorney(s) appearing for the Case

Robert E. Schneider, Jr., Santurce, P. R., for defendant-appellant.

Jose R. Otero, Hato, P. R., with whom Otero Suro & Otero Suro, Hato, P. R., was on brief, for trustee-appellee.

Before COFFIN, Chief Judge, WISDOM, Senior Circuit Judge, and CAMPBELL, Circuit Judge.

WISDOM, Circuit Judge.

This case involves construction of the vendor's warranty against redhibitory (hidden) defects. The district court held that a vendee must show that it did not misuse the product and thereby cause the malfunction. We reverse. We interpret Puerto Rico law to require the vendor to bear the burden of alleging and proving misuse of the product by the vendee.

On February 23, 1978, the Municipality of San Juan (San Juan) requisitioned a Royal...

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