Legal Opinion
Walgreen Company v. Rullan
Court of Appeals for the First Circuit
Decided April 22, 2005No. 03-2542Published
1Opinion of the Court
HOWARD, Circuit Judge.
Walgreen Co., Walgreen of San Patri-cio, and Walgreen of Puerto Rico (collectively, Walgreen) sued John V. Rullan, the Secretary of the Puerto Rico Health Department (Secretary), under 42 U.S.C. § 1983, challenging the constitutionality of a Commonwealth of Puerto Rico statute requiring that all pharmacies seeking to open or relocate within the Commonwealth obtain a “certificate of necessity and convenience.” 24 L.P.R.A. § 334 et. seq. Walgreen asserts that this statute is unconstitutional because it impermissibly discriminates against or excessively burdens interstate…
2Cases cited24 opinions
- Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
- Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
- City of Philadelphia v. New JerseySupreme Court of the United States · 1978
- Exxon Corp. v. Governor of MarylandSupreme Court of the United States · 1978
- Cooley v. Board of Wardens of Port of Philadelphia Ex Rel. Soc. for Relief of Distressed PilotsSupreme Court of the United States · 1852
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