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COOPERATIVA DE AHORRO Y CREDITO AGUADA v. KIDDER, PEABODY & CO.

No. 92-2148.

993 F.2d 269 (1993)

COOPERATIVA DE AHORRO Y CREDITO AGUADA, Plaintiff, Appellant, v. KIDDER, PEABODY & CO., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided May 19, 1993.

Rehearing and Rehearing Denied June 23, 1993.

Attorney(s) appearing for the Case

Enrique Peral, with whom Edgardo L. Rivera, Roberto Boneta, and Munoz Boneta Gonzalez Arbona Benitez & Peral, were on brief, for plaintiff, appellant.

Nestor M. Mendez-Gomez, with whom Patricia Rivera-MacMurray and Pietrantoni Mendez & Alvarez, were on brief, for defendant, appellee Kidder, Peabody & Co.

Gladys Isabel Flores, for defendant, appellee Ramon Almonte.

Guillermo J. Bobonia and Carlos A. Bobonis on brief, for defendant, appellee Paine Webber Inc.

Before SELYA, CYR, and STAHL, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 23, 1993.

STAHL, Circuit Judge.

In this appeal, we must decide whether the district court properly applied Fed.R.Civ.P. 12(b) in dismissing plaintiff's complaint as time barred. Because the district court improperly relied on materials not within the pleadings in reaching its decision, we reverse the dismissal.

I.

FACTUAL BACKGROUND AND PRIOR PROCEEDINGS

For purposes of this appeal...

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