Legal Opinion

Ana Miranda Roque v. United States

Court of Appeals for the First Circuit

Decided September 19, 1988No. 88-1509PublishedCited by 36 opinions

1Per curiam

Plaintiff appeals from the dismissal of her action for insufficient service of process. The government moves for summary affirmance. We review the background.

Plaintiff filed a federal tort claims act action against the United States on May 6, 1986. Within a few days service was made on the United States Attorney for the District of Puerto Rico. This was insufficient service of process since Fed.R.Civ.P. 4(d)(4) provides that when the United States is sued service is to made both by delivering a copy of the summons and complaint to the United States Attorney and by sending a copy “by…

2Cases cited4 opinions

  1. Arra Ray Messenger v. United StatesCourt of Appeals for the Second Circuit · 1956
  2. Dora Pila, Administratrix, Etc. v. G. R. Leasing and Rental CorporationCourt of Appeals for the First Circuit · 1977
  3. Fed. Sec. L. Rep. P 96,004 Securities and Exchange Commission v. Beisinger Industries Corp.Court of Appeals for the First Circuit · 1977
  4. Bolton v. GiuffridaDistrict Court, N.D. California · 1983

3Cited by36 opinions

  1. Denise McGregor Individually and as of the Estate of Roy McGregor v. United StatesCourt of Appeals for the Second Circuit · 1991
  2. Hemispherx Biopharma, Inc. v. Johannesburg Consolidated InvestmentsCourt of Appeals for the Eleventh Circuit · 2008
  3. Precision Etchings & Findings, Inc. v. Lgp Gem, Ltd., Maurice C. Feiger, Precision Etchings & Findings, Inc. v. Lgp Gem, Ltd., Maurice C. FeigerCourt of Appeals for the First Circuit · 1992
  4. David Floyd v. United StatesCourt of Appeals for the Seventh Circuit · 1990
  5. United States v. IslipUnited States Court of International Trade · 1998

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