MARQUEZ-COLON v. REAGAN

Nos. 81-1041, 81-1334.

668 F.2d 611 (1981)

Wilfredo MARQUEZ-COLON, et al., Appellees, v. Ronald W. REAGAN, et al., Appellants.

United States Court of Appeals, First Circuit.

Decided December 23, 1981.


Attorney(s) appearing for the Case

David Shilton, Atty., Dept. of Justice, Washington, D. C., with whom Anthony C. Liotta, Acting Asst. Atty. Gen., Peter R. Steenland, Jr., Dorothy Burakreis, and William Want, Attys., Dept. of Justice, Washington, D. C., were on brief, for appellants.

Michael J. Henke, Washington, D. C., with whom Richard G. Wilkins, Ann M. Ashton, Vinson & Elkins, Washington, D. C., Gerardo A. Carlo, Luis R. Davila Colon, and Nestor Ramirez, Dept. of Justice, Commonwealth of Puerto Rico, San Juan, P. R., were on brief, for the Commonwealth of Puerto Rico.

Fausto D. Godreau, with whom Enrique Colon, Rio Piedras, P. R., Norma Cotti, Pedro J. Saade Llorens, and Pedro J. Varela, Hato Rey, P. R., were on brief, for appellees Wilfredo Marquez-Colon, et al. and Jorge Colon, et al.

Marcos A. Ramirez Lavandero, Hato Rey, P. R., with whom Marcos A. Ramirez, was on brief for the municipality of Juana Diaz.

Before COFFIN, Chief Judge, VAN DUSEN, Senior Circuit Judge, BOWNES, Circuit Judge.


COFFIN, Chief Judge.

This controversy arises out of the efforts of the federal government to provide adequate facilities for the more than 100,000 Cuban and Haitian refugees who have entered the country since April, 1980. Shortly after the government designated Fort Allen, Puerto Rico, as one of the holding centers where the refugees are to be processed for eventual resettlement, the Commonwealth of Puerto Rico, along with private citizens living near the Fort, brought...

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