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ASOCIACION DE EDUCACION v. GARCIA-PADILLA

No. 06-1146.

490 F.3d 1 (2007)

ASOCIACIÓN DE EDUCACIÓN PRIVADA DE PUERTO RICO, INC.; Puerto Rico Innovatives Education Services, Inc., d/b/a Colegio Tomás Alva Edison; Corporación Educativa Ramón Barquin, d/b/a American Military Academy; Academia Inmaculada Concepción-Mayagüez; Southwestern Educational Society, Inc.; Guamaní School, Inc.; Colegio Adianez, Inc.; Antilles Military Academy, Inc.; Fundación Educativa Concepción Martín, Inc., d/b/a Sonifel; Saint Francis School, Inc.; American School, Inc., Plaintiffs, Appellees, Academia Discípulos de Cristo; Academia Bautista de Puerto Nuevo; Colegio Rosabel; Episcopal Cathedral School; Colegio de la Vega; Colegio Titi Fe; Escuela Prescolar Elemental E Intermedia Daskalas; Caguas Military Academy; Colegio Radians; Frederick Frobel Bilingual School; Colegio Kiany; Fajardo Academy, Plaintiffs, Appellants, v. Alejandro GARCÍA-PADILLA, Secretary of the Department of Consumer Affairs of the Commonwealth of Puerto Rico, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 11, 2007.

Attorney(s) appearing for the Case

Salvador J. Antonetti-Stutts, Solicitor General, with whom Mariana D. Negrón-Vargas, Deputy Solicitor General, and Irene S. Soroeta-Kodesh, Assistant Solicitor General, were on brief, for appellant.

Antonio J. Amadeo-Murga, for appellees.

Alexander E. Dreier, with whom H. Christopher Bartolomucci, Sarah M. Berger, Hogan & Hartson L.L.P., Debra P. Wilson, Legal Counsel, National Association of Independent Schools, on brief, as amici curiae for the National Association of Independent Schools and the Council for American Private Education.

Before TORRUELLA, Circuit Judge, STAHL, Senior Circuit Judge, and HOWARD, Circuit Judge.

TORRUELLA, Circuit Judge.

This appeal is the second trip to this Court for the parties to this litigation. The parties' dispute began when Asociación de Educación Privada de Puerto Rico, Inc., a nonprofit private association representing the interests of private primary, secondary, and post-secondary member schools in Puerto Rico, together with certain individual schools (together, the "private schools"), filed a complaint against the Secretary of the Department...

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