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TEXACO PUERTO RICO v. DEPARTMENT OF CONSUMER AFF.

No. 94-2076.

60 F.3d 867 (1995)

TEXACO PUERTO RICO, INC., et al., Plaintiffs, Appellees, v. DEPARTMENT OF CONSUMER AFFAIRS, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided July 19, 1995.

Attorney(s) appearing for the Case

Lynn R. Coleman, with whom Pedro R. Pierluisi, Secretary of Justice, Roberto Ruiz Comas, Director, Federal Litigation Div., Dep't. of Justice, Richard L. Brusca, Matthew W.S. Estes, Laura A. Ingraham, and Skadden, Arps, Slate, Meagher & Flom, Washington, DC, were on brief, for appellants.

Alan M. Grimaldi, with whom Jerrold J. Ganzfried, Patricia G. Butler, Howrey & Simon, Washington, DC, William Estrella, San Juan, PR, and Ricks P. Frazier, Coral Gables, FL, were on brief, for appellee Texaco Puerto Rico, Inc.

Donald B. Craven, with whom James P. Tuite, Anthony F. Shelley, James R. Lovelace, Alvaro I. Anillo, Miller & Chevalier, Chtd, Washington, DC, Luis Sanchez Betances, Jaime Sifre Rodriguez, Miguel P. Cancio Bigas, and Sanchez Betances & Sifre, Hato Rey, PR, were on brief, for appellee Esso Standard Oil Co. (P.R.).

Ana Matilde Nin, with whom Rafael Perez-Bachs, Gilberto J. Marxuach-Torros, and McConnell Valdes, Hato Rey, PR, were on brief, for appellee Shell Co. (P.R.) Ltd.

Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and CYR, Circuit Judge.

SELYA, Circuit Judge.

In 1986, the Puerto Rico Department of Consumer Affairs (DACO) took a small, tentative step toward regulating the profit margins of gasoline wholesalers. The wholesalers treated this move as a declaration of war. They mounted a courtroom counteroffensive and succeeded in obtaining an injunction against the enforcement of DACO's embryonic regulation. Following a series of pitched battles that stretched from San Juan to Boston to the banks of the...

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