PACIFIC INTERNATIONAL RICE MILLS, INC. v. FABREGAS & CO., 5471.

• Decision Date: 03 March 1959
• Docket Number: No. 5471.,5471.
• Citation: 264 F.2d 50
• Parties: PACIFIC INTERNATIONAL RICE MILLS, INC., Plaintiff, Appellant, v. FABREGAS & CO., Inc., Defendant, Appellee.
• Court: U.S. Court of Appeals — First Circuit

264 F.2d 50 (1959)

PACIFIC INTERNATIONAL RICE MILLS, INC., Plaintiff, Appellant, v. FABREGAS & CO., Inc., Defendant, Appellee.

No. 5471.

United States Court of Appeals First Circuit.

March 3, 1959.

Joshua Hellinger, San Juan, P. R., for appellant on statement on appeal under Rule 39(a).

J. A. Cintron Rivera, George Weasler, Santurce, P. R., and Francisco Castro Amy, San Juan, P. R., for appellee on motion to affirm under Rule 39(b).

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

PER CURIAM.

We have before us a motion by appellee, filed under our Rule 39, 28 U.S.C., entitled "Special Additional Procedure Governing Appeals from the Supreme Court of Puerto Rico."

Though the sketchy so-called "statement on appeal" filed by appellant does not disclose to us what the case is all about, we gather from appellee's motion under Rule 39 with supporting brief, and from an examination of the certified record in the case on file in our Clerk's office, that a complaint was filed in the Superior Court of Puerto Rico by the present appellant, asking judgment against the defendant in the sum of $34,144.02 on three bills of exchange, which was later reduced to $32,689.82 by an amendment. The defendant therein filed a counterclaim for breach of contract, asking for a judgment in the sum of $63,237.17 as damages. The Superior Court granted plaintiff's motion for summary judgment, gave judgment against the defendant in the amount of $32,689.82, and dismissed defendant's counterclaim upon the view that "counter-claimant has failed to state facts constituting a cause of action in support of its counterclaim." Whereupon, the defendant took an appeal to the Supreme Court of Puerto Rico, and on October 22, 1958, that court gave judgment reciting as follows:

"After examining the record of this case and after considering the errors assigned by the appellant, the Court finds that there exists in this case a genuine issue of fact in connection with the counterclaim which should be decided after the corresponding hearing. The judgment appealed from rendered by the Superior Court, San Juan Part, in the above-captioned case, is hereby reversed and the case remanded for further proceedings consistent with this judgment."

Under 28 U.S.C. §§ 1293 and 1294(6), this court has jurisdiction of appeals from "all final decisions" of the Supreme Court of Puerto Rico, "in all cases involving the Constitution, laws or treaties of the United States or any authority exercised thereunder, in all habeas corpus proceedings, and in all other civil cases where the value in controversy exceeds $5,000, exclusive of interest and costs." It is settled that a judgment of the Supreme Court of...