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BADILLO-SANTIAGO v. NAVEIRA-MERLY

No. 01-2640.

378 F.3d 1 (2004)

Ramon BADILLO-SANTIAGO, M.D. Plaintiff, Appellant, and United States, Intervenor, v. Hon. Miriam NAVEIRA-MERLY, in her official capacity as Administrator of the Judiciary System; Hon. Lirio Bernal Sanchez, in her official capacity as Director of the Courts Administration of Puerto Rico; Wilfredo Girau-Toledo, in his official capacity as Director of the Public Buildings Authority; The Commonwealth of Puerto Rico; Administracion de Tribunales, Adm. de Tribunales de P.R.; Autoridad de Edificios Publicos, Defendants, Appellees, Jose A. Fuentes-Agostini, in his Official capacity as Secretary of Justice of Puerto Rico; Julio Berrios-Jiménez, Judge, in his official and personal capacity, Defendants.

United States Court of Appeals, First Circuit.

Decided July 29, 2004.

Attorney(s) appearing for the Case

Marc P. Charmatz, with whom Mary C. Vargas, Rosaline Crawford, and National Association of the Deaf Law Center were on brief, for appellant.

Kevin K. Russell, Attorney, Department of Justice, with whom R. Alexander Acosta, Assistant Attorney General, Ralph F. Boyd Jr., Assistant Attorney General, Jessica Dunsay Silver, Attorney, and Seth M. Galanter, Attorney, were on brief, for intervenor United States.

Alfredo Fernandez-Martinez, with whom Delgado & Fernandez, LLP was on brief, for appellees Administrator of the Judiciary System and Director of the Courts Administration of Puerto Rico.

Hiram Melendez, with whom Roberto J. Sanchez Ramos, Solicitor General, Vanessa Lugo Flores, Deputy Solicitor General, Kenneth Pamias Velazquez, Deputy Solicitor General, Leticia Casalduc Rabell, Assistant Solicitor General, and Camelia Fernandez Romeu, Assistant Solicitor General, were on brief, for appellee Commonwealth of Puerto Rico.

Before Selya, LYNCH, and LIPEZ, Circuit Judges.

LYNCH, Circuit Judge.

This case raising several different federalism issues arose from a dispute in the courts of Puerto Rico over the sale of a house.

In August 1995, Amparo Fuentes-Gonzalez sued Ramon Badillo-Santiago ("Badillo"), along with Badillo's wife and brother, in the Superior Court of Puerto Rico in connection with a purchase and sale contract for a house. Badillo is the plaintiff and appellant here.

Before trial, Badillo never asserted...

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