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ROQUE v. U.S.

No. 88-1509.

857 F.2d 20 (1988)

Ana Miranda ROQUE, Plaintiff, Appellant, v. UNITED STATES of America, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided September 19, 1988.

Attorney(s) appearing for the Case

Fernando Cruz Tollinche, San Juan, P.R., on brief, for plaintiff, appellant.

Eduardo E. Toro Font, Asst. U.S. Atty., and Daniel F. Lopez Romo, U.S. Atty., Hato Rey, P.R., on motion for summary affirmance, for U.S.

Before BOWNES, BREYER and TORRUELLA, Circuit Judges.

PER CURIAM.

Plaintiff appeals from the dismissal of her action for insufficient service of process. The government moves for summary affirmance. We review the background.

Plaintiff filed a federal tort claims act action against the United States on May 6, 1986. Within a few days service was made on the United States Attorney for the District of Puerto Rico. This was insufficient service of process since Fed.R.Civ.P. 4(d)(4) provides that when the United States...

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