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COORS BREWING CO. v. MÉNDEZ-TORRES

No. 07-2682.

562 F.3d 3 (2009)

COORS BREWING COMPANY, Plaintiff, Appellant, v. Juan Carlos MÉNDEZ-TORRES, Secretary of the Treasury Department of the Commonwealth of Puerto Rico, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided March 30, 2009.

Attorney(s) appearing for the Case

Helgi C. Walker, with whom William S. Consovoy, Suzzette Rodríguez-Hurley, Wiley Rein LLP, Pedro Jiménez, and Adsuar Muñiz Goyco Seda & Pérez-Ochoa P.S.C., were on brief for appellant.

Irene S. Soroeta-Kodesh, Assistant Solicitor General, with whom Mariana D. Negrón-Vargas, Acting Solicitor General, was on brief for appellee.

Before TORRUELLA, LIPEZ, Circuit Judges, and DiCLERICO, District Judge.

TORRUELLA, Circuit Judge.

Coors Brewing Company ("Coors") sued Juan Carlos Méndez-Torres, Puerto Rico's secretary of the Treasury ("the Secretary"), challenging an exemption in Puerto Rico's beer taxing scheme which specifies a lower tax rate for small brewers. Coors alleges that the exemption is impermissibly protectionist. Coors seeks declarations that the exemption is unconstitutional under the Commerce Clause and illegal under the Federal Relations Act, 48...

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