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EL DIA, INC. v. PUERTO RICO DEPT.

No. 04-1697.

413 F.3d 110 (2005)

EL DÍA, INC., Plaintiff, Appellee, v. PUERTO RICO DEPARTMENT OF CONSUMER AFFAIRS; Secretary of the Department of Consumer Affairs, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided June 3, 2005.

Attorney(s) appearing for the Case

Doraliz E. Ortiz-De León, with whom Roberto J. Sánchez-Ramos, Solicitor General, Kenneth Pamias-Velázquez, Deputy Solicitor General, and Camelia Fernández-Romeu, Assistant Solicitor General, were on brief, for appellants.

Etienne Totti-del Valle, with whom Cristina A. Fernández-Rodríguez and Totti & Rodríguez Díaz, were on brief, for appellee.

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

TORRUELLA, Circuit Judge.

This case is before us on appeal from a grant of summary judgment in favor of plaintiff-appellee El Día, Inc. ("El Día"), against defendants-appellants, Puerto Rico Department of Consumer Affairs and the Secretary of Consumer Affairs in his official capacity (collectively, "DACO"). The judgment declares that Article 24 of DACO's Regulation 43391 is unconstitutional insofar as it impermissibly restricts...

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