Conjugal Society v. Chicago Title Insurance
Opinion of the Court
Plaintiffs appeal from the district court’s dismissal of their amended complaint for lack of jurisdiction.
Notwithstanding our ruling in First Federal Savings & Loan Association of Puerto Rico, appellee argues that we should still affirm the district court’s dismissal on the grounds that plaintiffs’ amended complaint does not state a claim “[ajrising out of transactions involving ... banking....” 12 U.S.C. § 632. That issue, however, was never decided by the district court, see 497 F.Supp. at 47, and it may also require some further factual development. We think the district court must be given an opportunity to pass on the matter and to proceed further or not as it may determine.
We accordingly vacate the district court’s judgment dismissing the amended complaint for lack of jurisdiction on grounds that 12 U.S.C. § 632 is not applicable in Puerto Rico. We remand the case to the district court for further proceedings not inconsistent herewith.
So ordered.
The district court’s opinion is published at 497 F.Supp. 41 (D.P.R.I979).
Reference
- Full Case Name
- The CONJUGAL SOCIETY Composed of Juvenal Rosa, Pedro and Amador De Rosa, Rosario, Juvenal Rosa, Pedro and Amador De Rosa, Rosario, Individually v. CHICAGO TITLE INSURANCE COMPANY
- Cited By
- 1 case
- Status
- Published