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EL DIA, INC. v. ROSSELLO

No. 98-2114.

165 F.3d 106 (1999)

EL DIA, INC., Plaintiff, Appellee, v. Governor Pedro J. ROSSELLO, Angel Morey, and Pedro Rosario Urdaz, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided January 25, 1999.

Attorney(s) appearing for the Case

Joseph D. Steinfield, with whom Hill and Barlow, James F. Hibey, William R. Sherman, Verner, Liipfert, Bernhard, McPherson and Hand, Chartered, John Garcia, Garcia & Fernandez Law Offices, David H. Marion, Jeremy D. Mishkin, Howard J. Bashman, Montgomery, McCracken, Walker & Rhoads, LLP, Andres Guillemard-Noble, Nachman, Guillemard & Rebollo, William L. Patton, Thomas B. Smith, Ropes & Gray, Gustavo A. Gelpi, and Feldstein, Gelpi & Gotay, were on brief for appellants.

Bruce W. Sanford, with whom Mark A. Cymrot, Lee H. Simowitz, Bruce D. Brown, Baker & Hostetler, LLP, Arturo Trias, Miguel R. Garay Auban, Trias, Melendez & Garay, and Michael Avery.

Before BOUDIN, Circuit Judge, ALDRICH, Senior Circuit Judge, and STAHL, Circuit Judge.

STAHL, Circuit Judge.

Puerto Rico Governor Pedro Rossello and other members of his administration (collectively, "the Defendants") seek to raise a qualified immunity defense to a claim that they violated the constitutional rights of plaintiff-appellee El Dia, Inc. ("El Dia"). Specifically, the Defendants argue that they did not violate "clearly established" First Amendment law by allegedly withdrawing substantial government advertising from a newspaper to punish the...

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