Board of Com'rs v. De Castro

First Circuit

Board of Com'rs v. De Castro

116 F.2d 806, 1941 U.S. App. LEXIS 4455

CourtCourt of Appeals for the First Circuit

DecidedJanuary 10, 1941

DocketNo. 3643

StatusPublished

Cited by4 cases

This text of 116 F.2d 806 (Board of Com'rs v. De Castro) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Board of Com'rs v. De Castro, 116 F.2d 806, 1941 U.S. App. LEXIS 4455 (1st Cir. 1941).

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Opinion

PER CURIAM.

Pursuant to Section 22 of Act No. 99, Laws of Puerto Rico, 1931, pages 638-641, the Board of Commissioners of San Juan, after hearing upon charges, removed the City Manager, appellee herein. Upon certiorari, the District Court of San Juan upheld the Board. The Supreme Court of Puerto Rico reversed the District Court on appeal and directed the reinstatement of the City Manager. This is an appeal from the judgment of the Supreme Court. This court has considered the Statement on Appeal filed by appellant on November 25, 1940, and the Motion to Affirm and to Dismiss Appeal filed by appellee on December 16, 1940; also, we have examined the typewritten record in the case.

We do not find that any substantial federal question is presented.

We are unable to conclude that the court below was inescapably wrong in its construction of the local statutes relating to the jurisdiction of the insular courts to review the removal proceedings. Further, without necessarily approving all the language in the opinion of the Supreme Court, we cannot say on the record before us that that court was patently erroneous in its conclusion that the evidence did not establish the statutory “just cause” required for removal of the City Manager.

Accordingly, appellee’s motion to affirm is granted, and the judgment of the Supreme Court of Puerto Rico is affirmed, under Rule 39(b), Revised Rules of this court.

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PER CURIAM.

Pursuant to Section 22 of Act No. 99, Laws of Puerto Rico, 1931, pages 638-641, the Board of Commissioners of San Juan, after hearing upon charges, removed the City Manager, appellee herein. Upon certiorari, the District Court of San Juan upheld the Board. The Supreme Court of Puerto Rico reversed the District Court on appeal and directed the reinstatement of the City Manager. This is an appeal from the judgment of the Supreme Court. This court has considered the Statement on Appeal filed by appellant on November 25, 1940, and the Motion to Affirm and to Dismiss Appeal filed by appellee on December 16, 1940; also, we have examined the typewritten record in the case.

We do not find that any substantial federal question is presented.

We are unable to conclude that the court below was inescapably wrong in its construction of the local statutes relating to the jurisdiction of the insular courts to review the removal proceedings. Further, without necessarily approving all the language in the opinion of the Supreme Court, we cannot say on the record before us that that court was patently erroneous in its conclusion that the evidence did not establish the statutory “just cause” required for removal of the City Manager.

Accordingly, appellee’s motion to affirm is granted, and the judgment of the Supreme Court of Puerto Rico is affirmed, under Rule 39(b), Revised Rules of this court.

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116 F.2d 806, 1941 U.S. App. LEXIS 4455, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-comrs-v-de-castro-ca1-1941.

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