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BETANCOURT v. W.D. SCHOCK CORP.

No. 89-2085.

907 F.2d 1251 (1990)

Jose M. BETANCOURT, Plaintiff, Appellant, v. W.D. SCHOCK CORPORATION, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided July 11, 1990.

Attorney(s) appearing for the Case

Rafael Gonzalez Velez with whom Rafael Gonzalez Velez Law Offices was on brief for plaintiff, appellant.

Andres R. Nevares Gonzalez with whom Nevares, Cartagena & Quinones was on brief for defendant, appellee.

Before BREYER, Chief Judge, COFFIN, Senior Circuit Judge, and CYR, Circuit Judge.

BREYER, Chief Judge.

The appellant, Jose Betancourt, found a serious defect in his sailboat. He sued the manufacturer, W.D. Schock Corporation, in "tort" and "contract," asking for damages representing his "investment" in the boat (about $72,000), his monthly upkeep for the period the boat was "totally inoperative" ($5000), and the "pain and mental anguish" he suffered by not having a boat that would work ($25,000). The district court, concluding that the relevant...

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