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MEDITERRANEAN INV. CORP. v. RODRIGUEZ

Civ. No. 81-1757 HL.

575 F.Supp. 268 (1983)

MEDITERRANEAN INVESTMENT CORP., Plaintiff, v. Antonio Diaz RODRIGUEZ, Defendant.

United States District Court, D. Puerto Rico.

December 7, 1983.

Attorney(s) appearing for the Case

Wilda Joy Nin, Hato Rey, P.R., for defendant.

Max Ramírez de Arellano, José R. Franco, San Juan, P.R., for FDIC.

OPINION AND ORDER

LAFFITTE, District Judge.

On November 16, 1983, Magistrate J.A. Castellanos filed his report in the above entitled case recommending dismissal of the complaint as to codefendant Dr. Iván B. Banuchi, on the grounds that plaintiff failed to overcome the commercial presumption of the promissory note at issue herein. The Magistrate concluded that Article 946 of the Commerce Code of Puerto Rico, 10 L.P.R.A. 19081

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