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COM. OF PUERTO RICO v. BLUMENTHAL

Nos. 79-1020, 79-1021 and 79-1024.

642 F.2d 622 (1980)

COMMONWEALTH OF PUERTO RICO v. W. Michael BLUMENTHAL, Secretary, Department of the Treasury, Appellant. VIRGIN ISLANDS v. W. Michael BLUMENTHAL, Secretary, Department of the Treasury, Appellant. COMMONWEALTH OF PUERTO RICO, Appellant, v. W. Michael BLUMENTHAL, Secretary, Department of the Treasury.

United States Court of Appeals, District of Columbia Circuit.

Decided October 17, 1980.

Rehearing Denied December 18, 1980.

Certiorari Denied May 18, 1981.

Attorney(s) appearing for the Case

Ernest J. Brown, Atty., Dept. of Justice, Washington, D. C., with whom M. Carr Ferguson, Asst. Atty. Gen., and David English Carmack, Atty., Dept. of Justice, Washington, D. C., were on brief for the Secretary of the Treasury as appellant.

Michael J. Henke, Washington, D. C., with whom Charles D. Tetrault, Washington, D. C., was on brief for the Common-wealth of Puerto Rico as appellee and cross-appellant.

Milton Eisenberg, Washington, D. C., with whom Theodore C. Hirt, Washington, D. C., and Ive Arlington Swan, Charlotte Amalie, V. I., were on brief for the Virgin Islands as appellee in case No. 79-1021.

Myron C. Baum, Washington, D. C., also entered an appearance for the Department of Justice.

Before McGOWAN and WALD, Circuit Judges, and JOHN PRATT, United States District Judge for the District of Columbia.

Certiorari Denied May 18, 1981. See 101 S.Ct. 2315.

Opinion for the court filed by Circuit Judge McGOWAN.

McGOWAN, Circuit Judge:

These consolidated appeals present a substantial controversy between the United States, on the one hand, and Puerto Rico and the Virgin Islands, on the other, with respect to the proper disposition of revenues derived from a tax of 4 cents per gallon imposed by the United States on the initial sale of gasoline in the United...

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