ISLA PETROLEUM CORP. v. DEPT. OF CONSUMER AFFAIRS

Civ. Nos. 86-0730 (Jaf), 86-0721 (Jaf), 86-0720 (Jaf), 86-0714 (Jaf), 86-0719 (Jaf), 86-0718 (Jaf), 86-0717 (Jaf) and 86-0681 (Jaf).

640 F.Supp. 474 (1986)

ISLA PETROLEUM CORPORATION and Gasolinas De Puerto Rico Corporation, Plaintiffs, v. DEPARTMENT OF CONSUMER AFFAIRS and Pedro Ortiz Alvarez, Secretary of the Department of Consumer Affairs, Defendants. PHILLIPS PUERTO RICO CORE, INC., Plaintiff, v. Pedro ORTIZ ALVAREZ, Secretary of the Department of Consumer Affairs, Defendant. TEXACO PUERTO RICO, INC., Plaintiff, v. Pedro ORTIZ ALVAREZ, in his official capacity as Secretary of the Department of Consumer Affairs and/or the Department of Consumer Affairs and/or the Commonwealth of Puerto Rico, through Héctor Rivera Cruz, Secretary of Justice, in representation of Mr. Pedro Ortiz and the Department of Consumer Affairs, Defendants. CIA. PETROLERA CARIBE, INC., Plaintiff, v. Pedro ORTIZ ALVAREZ, in his official capacity as Secretary, Department of Consumer Affairs and/or Department of Consumer Affairs, Defendants. The SHELL COMPANY (PUERTO RICO) LIMITED and Mobil Oil Caribe, Inc., Plaintiffs, v. Pedro ORTIZ ALVAREZ, in his official capacity as Secretary, Department of Consumer Affairs, and/or Department of Consumer Affairs, Defendants. ESSO STANDARD OIL CO. (P.R.), Plaintiff, v. Pedro ORTIZ ALVAREZ, in his official capacity as Secretary, Department of Consumer Affairs, and/or Department of Consumer Affairs, Defendants. CARIBBEAN GULF REFINING CORPORATION, Plaintiff, v. Pedro ORTIZ ALVAREZ, as Secretary of the Department of Consumer Affairs of the Commonwealth of Puerto Rico, Defendant. TENOCO OIL CO., INC. and Distribuidora De Gasolina El Coqui, Inc., Plaintiffs, v. DEPARTMENT OF CONSUMER AFFAIRS and Pedro Ortiz Alvarez, Secretary of the Department of Consumer Affairs, Defendants.

United States District Court, D. Puerto Rico.

On Motion for Stay Pending Appeal June 10, 1986.


Attorney(s) appearing for the Case

Alvaro R. Calderón, Hato Rey, P.R., Maggie Correa-Avilés, Arturo J. Garcia Solá, McConnell Valdes Kelley Sifre Griggs & Ruiz-Suria, William Estrella, Rodriguez, Lebron & Estrella, San Juan, P.R., Celso E. López, Carlos F. López, Santurce, P.R., José R. González Irizarry, Ana Matilde Nin, McConnell Valdes Kelley Sifre Griggs & Ruiz-Suria, San Juan, P.R., Jaime Sifre Rodríguez, Luis Sánchez-Betances, Cepeda, Sanchez-Betances & Sifre, Hato Rey, P.R., Emilio Pena Fonseca, Noel S. González, Sweeting, Gonzalez & Cestero, San Juan, P.R., Dominguez & Totti, Carlos Romero Barceló, Hato Rey, P.R., Lopez Lay & Vizcarra, Santurce, P.R., for plaintiffs.

Dennis Simonpietri, Marcos Ramírez Lavandero, Ramirez & Ramirez, Hato Rey, P.R., for defendants.


MEMORANDUM OPINION AND ORDER

FUSTE, District Judge.

These are eight consolidated cases filed by gasoline refineries and wholesalers against the Secretary of the Puerto Rico Department of Consumer Affairs, hereinafter referred to as the Secretary and DACO, respectively. The various cases request declaratory judgment pursuant to Fed.R.Civ.P. 57 and 28 U.S.C. Sec. 2201, and injunctive relief pursuant to Fed.R. Civ.P. 65. Some plaintiffs claim violations

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