USCA1 Opinion
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
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No. 97-2182
SONIA BRUNO-LAUREANO, ELIUD CANALES-ARROYO, ET AL.,
Plaintiffs, Appellants,
v.
EMORY COLLEGE OF PUERTO RICO, INC., ET AL.,
Defendants, Appellees.
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APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Salvador E. Casellas, U.S. District Judge]
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Before
Torruella, Chief Judge,
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Selya and Boudin, Circuit Judges.
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Ricardo L. Torres Munoz and Roman, Rios, Torres & Rivera on brief
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for appellants.
Marlene Aponte Cabrera on brief for appellees.
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February 20, 1998
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Per Curiam. Upon careful review of the briefs and
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record, we conclude that this appeal is suitable for summary
disposition. The record shows that the September 27, 1996,
order allowed plaintiffs to file an amended complaint to
correct the name of one of the defendants, and the amended
complaint filed in November 1996 complied with that order.
When defendants answered that amended complaint and did not
raise any jurisdictional defense, they waived any objection
based on lack of service of the summons. See Fed. R. Civ. P.
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12(h)(1). Accordingly, the amended complaint should not have
been dismissed for failure to serve the summons on
defendants.
The judgment is vacated, and the case is remanded to the
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district court for reinstatement of the amended complaint and
further proceedings consistent with this opinion. See 1st
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Cir. Loc. R. 27.1.
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