United Medical Equipment Corp. v. S. Blickman, Inc., Civ. No. 483-66.

CourtUnited States District Courts. 1st Circuit. District of Puerto Rico
Writing for the CourtBaragaño, Trías, Saldaña, Harris, & Francis, San Juan, P. R., for plaintiff
Citation260 F. Supp. 912
Decision Date07 December 1966
Docket NumberCiv. No. 483-66.
PartiesUNITED MEDICAL EQUIPMENT CORP., Plaintiff, v. S. BLICKMAN, INC., Defendant.

260 F. Supp. 912

UNITED MEDICAL EQUIPMENT CORP., Plaintiff,
v.
S. BLICKMAN, INC., Defendant.

Civ. No. 483-66.

United States District Court D. Puerto Rico.

December 7, 1966.


Baragaño, Trías, Saldaña, Harris, & Francis, San Juan, P. R., for plaintiff.

McConnell, Valdés & Kelley, San Juan, P. R., for defendant.

MEMORANDUM AND ORDER

RUIZ-NAZARIO, Chief Judge.

The defendant has moved to dismiss the complaint herein, alleging that:

1. The Court has no jurisdiction over the person of the defendant.

2. The service of process on the Secretary of State of the Commonwealth of Puerto Rico was insufficient to give this Court or the Superior Court of San Juan, whence the action was removed to this court, jurisdiction over the defendant.

3. The complaint fails to state a claim upon which relief can be granted, for the reasons set out in paragraphs (a), i, ii, iii, iv, v, and vi, which are constitutional grounds, vii in which it is alleged that the Act which is being invoked by the plaintiff here in support of its claim for relief "would be given retroactive effect, in violation of section 3 of the Civil Code of Puerto Rico (31 LPRA 3)" and viii in which said Act is assailed as in violation of the provisions of the Federal and the Commonwealth's anti-trust laws.

A hearing on said motion was held on September 30, 1966, argument was had, and counsel for the parties were granted five days alternatively to file memoranda in support of their respective contentions on the matter.

260 F. Supp. 913

The Memoranda were submitted and each party supplemented its memorandum with letters and other documents which had the effect of converting defendant's motion into a speaking motion to dismiss, the Court being, therefore, required under the last sentence of Rule 12 (b) of the F.R.Civ.P. to treat said motion to dismiss as a motion for summary judgment, inasmuch as I have not excluded the matters outside the pleadings, and the parties have had every opportunity to present all material made pertinent to such a motion.

Passing to consider the different questions on which the motion is based, the Court must, as it does now, deny said motion in reference to Points 1, 2, and paragraphs (a), i, ii, iii, iv, v, vi, and viii of Point 3, for the reasons stated in its order of November 30, 1966 entered in Civil No. 427-66, entitled La Eléctronica, Inc. v. Electric Storage Battery Co., D.C., 260 F.Supp. 915, and on the further holdings of Volkswagen Interamericana S.A. v. Rohlsen, (1 Cir. 1966) 360 F.2d 437.

Now, as regards the only other point of said motion not covered by the above ruling i. e. 3(a) (vii), in which the defendant challenges plaintiff's attempt to give retroactive effect to the amendment to the Act, the Court believes that defendant's objection must prevail.

It appears from the record that pursuant to agreement between plaintiff and defendant, the former was designated, in 1961, exclusive distributor for Puerto Rico of the hospital equipment and furniture manufactured and sold by defendant, and that such agreement remained in effect from 1961 to 1965. (Complaint Par. 3 and 4).

On June 24, 1964, Act No. 75 of the Puerto Rican Legislature became effective. (See Title 10 L.P.R.A., Secs. 278-278d).

This Act is otherwise known as the Dealer's Act. Sec. 278a thereof prohibited the termination by the principal or grantor of the relationship derived from a dealer's contract or the refusal to renew said contract on its...

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7 practice notes
  • Twin County Grocers, Inc. v. Mendez and Co., Inc., No. Civ.97-2052(DRD).
    • United States
    • U.S. District Court — District of Puerto Rico
    • December 3, 1999
    ...to terminate the existing relationship." Vulcan Tools, 23 F.3d at 568 (quoting United Medical Equipment Corp. v. S. Blickman, Inc., 260 F.Supp. 912, 913 Page 284 In 1966, the Act was amended and currently reads as follows: Notwithstanding the existence in a dealer's contract of a clause res......
  • Fornaris v. Ridge Tool Co., No. 7422.
    • United States
    • U.S. Court of Appeals — First Circuit
    • March 17, 1970
    ...14, and in the defendant's favor, in a more limited situation, in United Medical Equipment Corp. v. S. Blickman, Inc., D.P.R., 1966, 260 F. Supp. 912. In the Blickman case the plaintiff appealed, and because of the great importance of the legislation we issued a general invitation for amicu......
  • Ruiz v. Economics Laboratory, Inc., Civ. No. 400-67.
    • United States
    • U.S. District Court — District of Puerto Rico
    • October 5, 1967
    ...of the Commonwealth of Puerto Rico has been previously raised before this Court in United Medical Equipment Corp. v. S. Blickman, Inc., 260 F.Supp. 912 (1966) and was expressly denied (see 260 F. Supp. at p. 913) on the authority of the holding in Volkswagen Interamericana S. A. v. Rohlsen ......
  • Coletti v. Ovaltine Food Products, Civ. No. 382-67.
    • United States
    • United States District Courts. 1st Circuit. District of Puerto Rico
    • October 27, 1967
    ...decided by this Court in La Electrónica, Inc. v. Electric Battery Co., supra, and United Medical Equipment Corp. v. Blickman, Inc., 260 F.Supp. 912, (D.C., 1966), Executive Air Services, Inc. v. Beech Aircraft Corp., supra, Volkswagen Interamericana S. A. v. Rohlsen, 360 F.2d 437, (1966), C......
  • Request a trial to view additional results
7 cases
  • Twin County Grocers, Inc. v. Mendez and Co., Inc., No. Civ.97-2052(DRD).
    • United States
    • U.S. District Court — District of Puerto Rico
    • December 3, 1999
    ...to terminate the existing relationship." Vulcan Tools, 23 F.3d at 568 (quoting United Medical Equipment Corp. v. S. Blickman, Inc., 260 F.Supp. 912, 913 Page 284 In 1966, the Act was amended and currently reads as follows: Notwithstanding the existence in a dealer's contract of a clause res......
  • Fornaris v. Ridge Tool Co., No. 7422.
    • United States
    • U.S. Court of Appeals — First Circuit
    • March 17, 1970
    ...14, and in the defendant's favor, in a more limited situation, in United Medical Equipment Corp. v. S. Blickman, Inc., D.P.R., 1966, 260 F. Supp. 912. In the Blickman case the plaintiff appealed, and because of the great importance of the legislation we issued a general invitation for amicu......
  • Ruiz v. Economics Laboratory, Inc., Civ. No. 400-67.
    • United States
    • U.S. District Court — District of Puerto Rico
    • October 5, 1967
    ...of the Commonwealth of Puerto Rico has been previously raised before this Court in United Medical Equipment Corp. v. S. Blickman, Inc., 260 F.Supp. 912 (1966) and was expressly denied (see 260 F. Supp. at p. 913) on the authority of the holding in Volkswagen Interamericana S. A. v. Rohlsen ......
  • Coletti v. Ovaltine Food Products, Civ. No. 382-67.
    • United States
    • United States District Courts. 1st Circuit. District of Puerto Rico
    • October 27, 1967
    ...decided by this Court in La Electrónica, Inc. v. Electric Battery Co., supra, and United Medical Equipment Corp. v. Blickman, Inc., 260 F.Supp. 912, (D.C., 1966), Executive Air Services, Inc. v. Beech Aircraft Corp., supra, Volkswagen Interamericana S. A. v. Rohlsen, 360 F.2d 437, (1966), C......
  • Request a trial to view additional results

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