United States First Circuit

A Commonwealth of Puerto Rico statute, which requires all pharmacies seeking to open or relocate within the Commonwealth to obtain a "certificate of necessity and convenience," is unconstitutional where it impermissibly discriminates against interstate commerce.

Appellate Information

• Decided 04/22/2005
• Published 04/22/2005

Judges

• HOWARD, Circuit Judge., Before BOUDIN, Chief Judge, LIPEZ and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Henry C. Dinger, P.C., with whom Stephen D. Poss, P.C. and Goodwin Procter, LLP were on brief, for appellants.


• For Appellees:
  
• Camelia Fernández-Romeu, with whom Roberto J. Sánchez-Ramos, Puerto Rico Department of Justice, Office of the Solicitor General, was on brief, for appellee.