TEXACO PUERTO RICO, INC. v. MOJICA MALDONADO

Civ. Nos. 89-1142 to 89-1144 (JAF), 92-2352 (JAF) and 92-2362 (JAF).

862 F.Supp. 692 (1994)

TEXACO PUERTO RICO, INC.; The Shell Company (Puerto Rico) Ltd.; and Esso Standard Oil Co. (P.R.), Plaintiffs, v. Guillermo MOJICA MALDONADO, personally and in his official capacity as Secretary of the Department of Consumer Affairs of the Commonwealth of Puerto Rico, Defendant. TEXACO PUERTO RICO, INC., Plaintiff, v. Guillermo MOJICA MALDONADO, as Secretary of the Department of Consumer Affairs, and the Department of Consumer Affairs of the Commonwealth of Puerto Rico, Defendants. ESSO STANDARD OIL COMPANY (P.R.), Plaintiff, v. Guillermo MOJICA MALDONADO, as Secretary of the Department of Consumer Affairs, and the Department of Consumer Affairs of the Commonwealth of Puerto Rico, Defendants.

United States District Court, D. Puerto Rico.

September 9, 1994.


Attorney(s) appearing for the Case

Allan M. Grimaldi, Howrey & Simpon, Washington, DC, Rick P. Frazier, Coral Gables, FL, Timm A. Miller, White Plains, NY, William Estrella, San Juan, PR, for Texaco.

Rafael Perez-Bachs, Ana Matilde Nin, McConnell Valdes, San Juan, PR, for Shell.

Donald P. Craven, James P. Tuite, Miller & Chevalier, Chartered, Washington, DC, Luis Sanchez-Betances, Sanchez-Betances & Sifre, San Juan, PR, for Esso.

Lynn R. Coleman, Matthew W.S. Estes, Skadden Arps, Slate, Meaguer & Flom, Washington, DC, Maria Pabon, Roberto Ruiz-Comas, Federal Litigation Div., Commonwealth of Puerto Rico, San Juan, PR, for defendants.


OPINION AND ORDER

FUSTE, District Judge.

Before the court is the request of the Puerto Rico Department of Consumer Affairs (DACO), requesting restitution from three gasoline wholesalers based on profits accrued during the pendency of an injunction issued by this court, which prohibited DACO from enforcing a regulation on gross profit margins earned by the wholesalers.1 A three...

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