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VISTAMAR, INC. v. FAGUNDO-FAGUNDO

No. 05-1639.

430 F.3d 66 (2005)

VISTAMAR, INC., Plaintiff, Appellant, v. Fernando E. FAGUNDO-FAGUNDO; Jane Doe; Conjugal Partnership Fagundo-Doe; Ángel D. Rodríguez-Quiñones; Jane Doe; Conjugal Partnership Rodríguez-Doe; Juan Vaquer-Castrodad; Jane Doe; Conjugal Partnership Vaquer-Doe, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 2, 2005.

Attorney(s) appearing for the Case

Antonio Borrés-Otero, with whom Fernando L. Gallardo and Woods & Woods LLP, were on brief, for appellant.

Rosa Elena Pérez-Agosto, Assistant Solicitor General, with whom Salvador Antonetti-Stutts, Solicitor General, Mariana D. Negrón-Vargas, Deputy Solicitor General, and Maite L. Oronoz-Rodríguez, Deputy Solicitor General, were on brief, for appellees Fagundo-Fagundo and Rodríguez-Quiñones.

Carlos E. Cardona-Fernández, with whom Alberto Omar Jiménez-Santiago, were on brief, for appellee Vaquer-Castrodad.

Before TORRUELLA, Circuit Judge, GIBSON, JOHN R., Senior Circuit Judge, and HOWARD, Circuit Judge.

TORRUELLA, Circuit Judge.

Plaintiff herein appeals from a district court order granting defendants' motion to dismiss its claim as untimely under Rule 12(b)(6) of the Federal Rules of Civil Procedure. Because we find that plaintiff's claim alleging the deprivation of its constitutionally protected property rights in violation of the Fifth and Fourteenth Amendments of the United States Constitution under 42 U.S.C. §§ 1983, 1985, and 1988 is untimely under...

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