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COORS BREWING CO. v. MÉNDEZ-TORRES

No. 11-1559.

678 F.3d 15 (2012)

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 April 27, 2012.

Attorney(s) appearing for the Case

Helgi C. Walker , with whom William S. Consovoy , Claire J. Evans , Brett A. Shumate , Wiley Rein LLP, Pedro Jiménez , and Adsuar Muñiz Goyco Seda & Pérez-Ochoa, P.S.C. were on brief, for appellant.

Susana I. Peñagarícano-Brown , Assistant Solicitor General, with whom Irene S. Soroeta-Kodesh , Solicitor General, Leticia Casalduc-Rabell , Deputy Solicitor General, and Zaira Z. Girón-Anadón , Deputy Solicitor General, were on brief, for appellee.

Before LYNCH, Chief Judge, TORRUELLA and LIPEZ, Circuit Judges.

LYNCH, Chief Judge.

The question presented in this case is whether the Supreme Court's decision in Levin v. Commerce Energy, Inc., ___ U.S. ___, 130 S.Ct. 2323, 176 L.Ed.2d 1131 (2010), requires the federal courts to refrain from exercising jurisdiction over this case, a dormant Commerce Clause attack on Puerto Rico's differential taxation of categories of brewers. We answer that question affirmatively and affirm the district...

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