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HOSPITAL MTG. GROUP, INC. v. PARQUE IND. RIO CANAS, INC.

No. 80-1709.

653 F.2d 54 (1981)

HOSPITAL MORTGAGE GROUP, INC., Plaintiff, Appellee, v. PARQUE INDUSTRIAL RIO CANAS, INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided July 9, 1981.

Attorney(s) appearing for the Case

Wilfredo Segarra Miranda, Bayamon, P. R., with whom Harry A. Ezratty, San Juan, P. R., was on brief, for defendant, appellant.

Abelardo Ruiz-Suria, San Juan, P. R., with whom McConnell, Valdes, Kelley, Sifre, Griggs & Ruiz-Suria, and M. Del Valle Montalvo, San Juan, P. R., were on brief, for plaintiff, appellee.

Before GIBSON, Senior Circuit Judge, CAMPBELL and BOWNES, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

Hospital Mortgage Group, Inc., a Delaware corporation, brought an action in federal district court to foreclose its mortgage on property of Parque Industrial Rio Canas, Inc., a real estate development company in Puerto Rico. After attempting unsuccessfully to serve its complaint on Parque, Hospital Mortgage moved for service by publication under Rule 4.5 of the Rules of Civil Procedure of Puerto Rico,1

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