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ANTILLES CEMENT CORP. v. FORTUÑO

Nos. 09-1314, 09-1583.

670 F.3d 310 (2012)

ANTILLES CEMENT CORPORATION, Plaintiff, Appellee, v. Luis FORTUÑO, Governor of the Commonwealth of Puerto Rico; Antonio M. Sagardía-de-Jesús, Secretary of the Department of Justice; Luis G. Rivera-Marín, Secretary of the Department of Consumer Affairs; Ruben A. Hernández-Gregorat, Secretary of the Department of Transportation and Public Works, Defendants, Appellants, Cemex de Puerto Rico, Inc., f/k/a Puerto Rican Cement Co., Inc., Defendant. Antilles Cement Corporation, Plaintiff, Appellee, v. Cemex de Puerto Rico, Inc., f/k/a Puerto Rican Cement Co., Inc., Defendant, Appellant, Luis Fortuño, Governor of the Commonwealth of Puerto Rico; Antonio M. Sagardía-de-Jesús, Secretary of the Department of Justice; Luis G. Rivera-Marín, Secretary of the Department of Consumer Affairs; Ruben A. Hernández-Gregorat, Secretary of the Department of Transportation and Public Works, Defendants.

United States Court of Appeals, First Circuit.

Decided January 17, 2012.

Attorney(s) appearing for the Case

Angel E. Rotger-Sabat , with whom Maymí, Rivera & Rotger, P.S.C. was on brief, for appellant Commonwealth of Puerto Rico.

Juan Ramón Cancio-Ortiz , with whom José Raúl Cancio-Bigas , Charles E. Vilaró-Valderrábano and Cancio Covas & Santiago, LLP were on brief, for appellant Cemex de Puerto Rico, Inc.

Hector Saldaña-Egozcue , with whom Carlos Lugo-Fiol and Saldaña & Saldaña-Egozcue, PSC were on brief, for appellee.

Before HOWARD, SELYA and THOMPSON, Circuit Judges.

HOWARD, Circuit Judge.

These appeals present two complex questions of first impression: Does the Buy American Act (BAA), 41 U.S.C. §§ 8301-8305 (formerly codified at 41 U.S.C. §§ 10a-10d), preempt two Puerto Rico statutes? And if not, do those Puerto Rico statutes unconstitutionally interfere with Congress's power to regulate foreign commerce?

The district court initially struck down the two local laws on the ground that they contravene...

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