WAL-MART STORES, INC. v. RODRIGUEZ

No. 02-2710.

322 F.3d 747 (2003)

WAL-MART STORES, INC.; Wal-Mart Puerto Rico, Inc.; Supermercados Amigo, Inc., Plaintiffs, Appellees, v. Anabelle RODRIGUEZ, in her personal and official capacity as Secretary of Justice of the Commonwealth of Puerto Rico, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 20, 2003.


Attorney(s) appearing for the Case

Roberto J. Sánchez-Ramos, Solicitor General, Vanessa Lugo Flores, Deputy Solicitor General, Hiram A. Meléndez-Juarbe, Assistant Solicitor General, and Jaime Mercado-Almodóvar, Assistant Solicitor General, on the briefs for appellant.

Bernard W. Nussbaum, Michael H. Byowitz, George T. Conway III, Wachtell, Lipton, Rosen & Katz, Rubén T. Nigaglioni, Raúl M. Arias, Veronica Ferraiuoli-Hornedo, and McConnell Valdés on the briefs for appellees.

Thomas F. Reilly, Attorney General, Glenn S. Kaplan, Assistant Attorney General, Jesse M. Caplan, Assistant Attorney General, and Timothy E. Moran, Assistant Attorney General, on the brief for the Commonwealth of Massachusetts and nineteen other states, amici curiae.

Kevin J. O'Connor, Jennifer L. Peterson, and La Follette Godfrey & Kahn, on the brief for the American Antitrust Institute, amicus curiae.

Michael Stumo and Stumo & Milleron, LLC on the brief for the Organization for Competitive Markets and the Puerto Rico Farm Bureau, amici curiae.

Before LYNCH, Circuit Judge, CAMPBELL, Senior Circuit Judge, and HOWARD, Circuit Judge.


LYNCH, Circuit Judge.

The question presented is whether to require vacatur of a district court order when the parties, having settled the case on appeal, join in requesting it.

Anabelle Rodriguez, the Secretary of Justice of the Commonwealth of Puerto Rico, appealed from the federal district court's grant of a preliminary injunction prohibiting her from pursuing an antitrust action which she had filed against Wal-Mart Stores, Inc. in a Puerto Rico court. The...

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