STARLIGHT SUGAR v. SOTO

No. 00-1487.

253 F.3d 137 (2001)

Starlight Sugar, Inc., Pan American Grain Co., Inc., Plaintiffs, Appellees v. Neftali Soto, Individually and As Secretary of the Dept. of Agri. of the Commonwealth of Puerto Rico, Sugar Corp. of Puerto Rico ("La Corporacion Azucarera De Puerto Rico"), Manuel Diaz Saldaña, Individually and As Secretary of the Department of the Treasury of the Commonwealth of Puerto Rico.

United States Court of Appeals, First Circuit.

Decided June 11, 2001.


Attorney(s) appearing for the Case

Richard H. Fallon, Jr., with whom Juan A. López-Conway and García & Fernández, were on brief, for appellant.

Eduardo A. Vera-Ramírez, with whom Ramírez Lavandero, Landrón & Vera, were on brief, for appellees.

Before Torruella, Chief Judge, Lipez, Circuit Judge, and García-Gregory, District Judge.


TORRUELLA, Chief Judge.

This is an appeal from an Opinion and Order denying appellant Neftalí Soto's qualified immunity defense. Soto, acting in his capacity as Secretary of the Department of Agriculture of the Commonwealth of Puerto Rico, has been sued in his personal capacity under 42 U.S.C. § 1983 for enforcing a sugar regulation that prevented appellees, Starlight Sugar, Inc. and Pan American Grain Company, Inc. ("Starlight/PanAm"), from importing sugar...

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