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ANTILLES CEMENT CORP. v. ACEVEDO VILA

Nos. 03-2713, 04-1231, 04-1232.

408 F.3d 41 (2005)

ANTILLES CEMENT CORPORATION, Plaintiff, Appellee, v. AnÍbal ACEVEDO VILÁ, Governor of the Commonwealth of Puerto Rico, et al., Defendants, Appellants. Puerto Rican Cement Corporation, Inc., Intervenor, Appellant.

United States Court of Appeals, First Circuit.

Decided May 25, 2005.

Attorney(s) appearing for the Case

Doraliz E. Ortiz-de-Leon, Assistant Solicitor General, with whom Roberto J. Sánchez-Ramos, Solicitor General, and Kenneth Pamias-VelÁzquez, Deputy Solicitor General, were on brief, for appellants.

Juan Ramón Cancio, with whom Patricia Ramírez Gelpí, Cancio Covas & Santiago, LLP, Dora L. Monserrate Peñagarácano, Rubén T. Nigaglioni, and Nigaglioni & Ferraiouli Law Offices, PSC were on brief, for intervenor.

Lino J. Saldaña for appellee.

Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and LYNCH, Circuit Judge.

SELYA, Circuit Judge.

In the proceedings below, the district court declared two statutes enacted by the Puerto Rico legislature — one requiring the use of Puerto Rican cement in publicly funded construction projects and the other requiring special labels for cement manufactured elsewhere — antithetic to the dormant Foreign Commerce Clause of Article I, section 8 of the United States Constitution and enjoined their enforcement. The defendants (government...

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