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WALGREEN CO. v. RULLAN

No. 03-2542.

405 F.3d 50 (2005)

WALGREEN CO., Walgreen of San Patricio, and Walgreen of Puerto Rico, Plaintiffs, Appellants, v. John V. RULLAN, Secretary of the Puerto Rico Health Department, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided April 22, 2005.

Attorney(s) appearing for the Case

Henry C. Dinger, P.C., with whom Stephen D. Poss, P.C. and Goodwin Procter, LLP were on brief, for appellants.

Camelia Fernández-Romeu, with whom Roberto J. Sánchez-Ramos, Puerto Rico Department of Justice, Office of the Solicitor General, was on brief, for appellee.

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

HOWARD, Circuit Judge.

Walgreen Co., Walgreen of San Patricio, and Walgreen of Puerto Rico (collectively, Walgreen) sued John V. Rullan, the Secretary of the Puerto Rico Health Department (Secretary), under 42 U.S.C. § 1983, challenging the constitutionality of a Commonwealth of Puerto Rico statute requiring that all pharmacies seeking to open or relocate within the Commonwealth obtain a "certificate of necessity and convenience." 24 L.P.R.A. § 334 et...

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