UNITED PARCEL SERVICE, INC. v. FLORES-GALARZA

Nos. 02-1621, 02-1792.

318 F.3d 323 (2003)

UNITED PARCEL SERVICE, INC., and United Parcel Service Co., Plaintiffs, Appellees/Cross Appellants, v. Honorable Juan Antonio FLORES-GALARZA, Secretary of the Department of the Treasury of the Commonwealth of Puerto Rico, in his official capacity, Defendant, Appellant/Cross Appellee.

United States Court of Appeals, First Circuit.

Decided February 4, 2003.


Attorney(s) appearing for the Case

Luis Sanchez Betances, with whom Gerardo De Jesus Annoni and Sanchez-Betances & Sifre, P.S.C. were on brief, for appellants.

Paul T. Friedman, with whom Ruth N. Borenstein, Morrison & Foerster, LLP, Pedro J. Manzano and Fiddler Gonzalez & Rodriguez, LLP, were on brief, for appellees.

Before BOUDIN, Chief Judge, TORRUELLA and HOWARD, Circuit Judges.


HOWARD, Circuit Judge.

The Commonwealth of Puerto Rico has enacted a statutory regime that prohibits an interstate air carrier from delivering any package unless the carrier first provides proof that the package's addressee has paid the appropriate excise tax, or the carrier prepays the amount of the tax on the addressee's behalf. Plaintiffs United Parcel Service, Inc., and United Parcel Service, Co., (collectively "UPS") persuaded the district court to enjoin the...

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