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REYES-CARDONA v. J.C. PENNEY CO., INC.

No. 82-1231.

694 F.2d 894 (1982)

Hector Emilio REYES-CARDONA, et al., Plaintiffs, Appellants, v. J.C. PENNEY CO., INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided December 10, 1982.

Attorney(s) appearing for the Case

Plinio Perez Marrero and Victor Cruz Ojeda, Hato Rey, P.R., on brief for plaintiffs, appellants.

Ramon Humberto Vargas and Calderon, Rosa-Silva & Vargas, Hato Rey, P.R., on brief for defendant, appellee.

Before COFFIN, Chief Judge, CAMPBELL and BREYER, Circuit Judges.

BREYER, Circuit Judge.

Defendant J.C. Penney Co., Inc., ("Penney") brought a debt collection suit in the local courts of Puerto Rico. Penney sued Hector L. Reyes-Diaz, Isabel Diaz de Reyes, and what it believed to be their conjugal partnership. See Article 93 of the Civil Code of Puerto Rico, 31 L.P.R.A. § 284 (Supp.1979). After Penney served Mrs. Diaz de Reyes with process, it discovered that she was not the wife of Hector L. Reyes-Diaz as it had thought...

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