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VAQUERÍA TRES MONJITAS, INC. v. PAGAN

No. 13-2517.

748 F.3d 21 (2014)

VAQUERÍA TRES MONJITAS, INC.; Suiza Dairy, Inc., Plaintiffs, Appellees, v. Myrna Comas PAGAN, Secretary of the Department of Agriculture for the Commonwealth of Puerto Rico; Edmundo Rosaly, Administrator of the Office of the Milk Industry Regulatory Administration for the Commonwealth of Puerto Rico, Defendants, Appellants.

United States Court of Appeals, First Circuit.

April 3, 2014.

Attorney(s) appearing for the Case

Edward W. Hill for appellants.

Rafael Escalera Rodríguez , with whom Amelia Caicedo Santiago , Carlos M. Hernández Burgos , and Reichard & Escalera were on brief, for appellees.

Before LYNCH, Chief Judge, SELYA and HOWARD, Circuit Judges.

LYNCH, Chief Judge.

Understandably concerned by language in a district court order which opined that Puerto Rico had waived its Eleventh Amendment immunity by entering into a Settlement Agreement, the Commonwealth's milk regulatory agency (Spanish acronym "ORIL") appeals. The court's language on that immunity was in no sense necessary to the approval of the Settlement Agreement or to entry of the judgment. In the motion seeking approval, no party raised any Eleventh...

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