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COUNCIL OF INS. AGENTS v. JUARBE-JIMENEZ

No. 05-2607.

443 F.3d 103 (2006)

COUNCIL OF INSURANCE AGENTS & BROKERS, Plaintiff, Appellee, v. Dorelisse JUARBE-JIMÉNEZ, in her official capacity as the Puerto Rico Commissioner of Insurance, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 30, 2006.

Attorney(s) appearing for the Case

Rosa Elena Pérez-Agosto, Assistant Solicitor General, Office of the Solicitor General, Department of Justice, Commonwealth of Puerto Rico, with whom Salvador Antonetti-Stutts, Solicitor General, and Mariana D. Negrón-Vargas, Deputy Solicitor General, were on brief, for appellant.

Scott A. Sinder, with whom Alysa N. Zeltzer, Daniel S. Blynn, Collier Shannon Scott, PLLC, and Guillermo Ramos Luiña were on brief, for appellee.

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

LYNCH, Circuit Judge.

This appeal arises from the entry of an injunction based on a finding of facial unconstitutionality of provisions of the Puerto Rico Insurance Code which impose restrictions on the ability of nonresident licensed insurance agents and brokers to participate in the Puerto Rico insurance market, thus advantaging resident agents and brokers.

The suit was brought by the Council of Insurance Agents and Brokers, an association...

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