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Vaqueria Tres Monjitas, Inc. v. Irizarry, No. 07-2240

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By FindLaw Staff on November 23, 2009 4:03 PM

In plaintiffs' suit against Puerto Rico's Milk Industry Regulation Administration, claiming that the Administration's regulatory scheme governing milk prices violates the Due Process, Equal Protection, Takings, and dormant Commerce Clauses, grant of a preliminary injunction enjoining the regulatory scheme is affirmed where: 1) the district court properly declined defendants' invitation to abstain from entertaining the action; 2) the Eleventh Amendment does not bar the form of relief granted by the district court in its preliminary injunction; 3) the district court did not abuse its discretion in rejecting defendants' unclean hands defense; 4) the district court did not abuse its discretion in failing to dismiss the action on the basis of laches; 5) the district court did not abuse its discretion in rejecting defendants' estoppel defense; and 6) district court did not abuse its discretion in granting plaintiffs' motion for a preliminary injunction.     

Read Vaqueria Tres Monjitas, Inc. v. Irizarry, No. 07-2240

Appellate Information

Appeal from the United States District Court for the District of Puerto Rico

Decided November 23, 2009

Judges

Before:  Torruella, Lipez and Howard, Circuit Judges

Opinion by Torruella, Circuit Judge

Counsel

For Appellant:  Edward W. Hill-Tollinche, Quiñones & Sánchez, P.S.C., Yassmin González-Vélez, and Juan Carlos Ramírez-Ramos

For Appellee:  Rafael Escalera-Rodríguez, Reichard & Escalera, Carmen Alfonso-Rodríguez, and Amelia Caicedo-Santiago, José R. Lázaro-Paoli, José R. Lázaro-Paoli Law Offices, Enrique Nassar-Rizek, Maxine M. Brown-Vázquez, and ENR & Associates

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