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FRANCESCHI v. HOSPITAL GENERAL SAN CARLOS

Nos. 04-2104, 04-2105.

420 F.3d 1 (2005)

Dr. Porfirio FRANCESCHI; Angela Castillo De Franchesci; Conjugal Partnership Franceschi-Castillo, Plaintiffs, Appellants/Cross-Appellees, v. HOSPITAL GENERAL SAN CARLOS, INC. and/or Hospital San Carlos, Inc. d/b/a Hospital San Carlos Borromeo, Defendant, Appellee/Cross-Appellant.

United States Court of Appeals, First Circuit.

Decided August 24, 2005.

Attorney(s) appearing for the Case

Raul Barrera Morales, with whom Hernandez Sanchez Law Firm was on brief, for appellant.

Myrta Estrella Nieves Blas, with whom Santos & Nieves Blas was on brief, for appellee.

Before LYNCH and LIPEZ, Circuit Judges, and BALDOCK, Senior Circuit Judge.

LIPEZ, Circuit Judge.

Appellant Dr. Porfirio Franceschi, a physician, had a contract dispute with the hospital that employed him. The contract had an arbitration clause, and the parties attempted to select an arbitral panel. For various reasons, the arbitration never happened. Instead, the dispute was eventually tried to a jury, which returned a verdict for Dr. Franceschi on both contract damages and compensatory damages for emotional distress. On the hospital's motion...

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