# Pedro Menendez Rodriguez v. Pan American Life Insurance Company, Maria Cristina Vento Jaime v. Pan American Life Insurance Company

> Court of Appeals for the Fifth Circuit · December 20, 1962 · 311 F.2d 429

URL: https://www.frixlaw.com/law-library/cases/9448977

## Case

- **Full name:** Pedro MENENDEZ RODRIGUEZ, Appellant, v. PAN AMERICAN LIFE INSURANCE COMPANY, Appellee; Maria Cristina VENTO JAIME, Appellant, v. PAN AMERICAN LIFE INSURANCE COMPANY, Appellee
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** December 20, 1962
- **Citations:** 311 F.2d 429
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Bell, Cameron, Carswell, Per Curiam
- **Cited by:** 54 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Vacated on other grounds by PAN-AMERICAN LIFE INSURANCE CO. v. Rodriguez, 376 U.S. 779 (1964).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9448977

## How later opinions describe it (automated extraction)

- concluding that Cuban refugees could not “obtain justice” from post- revolutionary Cuban courts such that the district court’s forum non conveniens dismissal in favor of those courts was inappropriate
- holding that Fidel Castro’s Cuba was an inadequate alternative forum for a Cuban refugee
- finding that political refugees could receive a fair hearing in Cuba
- noting also that “transfers to other federal courts are quick and ready tools for our trial courts under 28 U.S.C. § 1404(a)”

## Opinion text

On Petition for Rehearing
PER CURIAM.
In reversing the dismissal of this complaint, and remanding for further proceedings, we noted then, and repeat now, that residual issues raised on the present status of the pleadings are properly determinable by the District Court on the merits. We carefully considered and reviewed the argument of appellee that the doctrine of forum non conveniens or Act of State doctrine, one or the other, barred further litigation. Our review of that holding in the light of the reiterated contentions of appellee in this petition does not require further hearing.
Appellee further suggests here that the Bretton Woods Agreement and certain Cuban currency control statutes require dismissal of this complaint. Since the entry of our opinion in this case this Court has on November 7, 1962 rejected this contention in Pan American Life Insurance Company v. Inocencio Blanco, 311 F.2d 424 .
The petition for rehearing is
Denied.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9448977. Public record. Not legal advice.