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RODRIGUEZ v. ESCAMBRON DEVELOPMENT CORP.

No. 83-1439.

740 F.2d 92 (1984)

Maria Elisa RODRIGUEZ, et al., Petitioners, v. ESCAMBRON DEVELOPMENT CORP., et al., Respondents.

United States Court of Appeals, First Circuit.

Decided August 1, 1984.

Attorney(s) appearing for the Case

David Rive Rivera, Hato Rey, P.R., with whom Calderon, Rosa-Silva & Vargas, Hato Rey, P.R., was on brief, for petitioners.

Carlton D. Powell, Atty., Tax Division, Dept. of Justice, Washington, D.C., with whom Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup, Atty., Tax Div., Dept. of Justice, John J. McCarthy, Atty., Tax Division, Dept. of Justice, Washington, D.C., and Daniel F. Lopez-Romo, U.S. Atty., Hato Rey, P.R., were on brief, for the United States of America.

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

WISDOM, Senior Circuit Judge.

The question this appeal presents is whether a title, acquired by acquisitive prescription (adverse possession), is subject to a federal tax lien against the prior owners of the land. The district court held that under the law of Puerto Rico acquisitive prescription will not extinguish an existing nonpossessory interest in land; alternatively, the court held that such an extinguishment would conflict with federal law. The court concluded...

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