Puerto Rico v. Shell Co. (P.R.)

Puerto Rico v. Shell Co. (P. R.), Ltd., 302 U.S. 253 (1937), was a notable Supreme Court of the United States case. The issue was whether a local ("insular") law could be pre-empted by the Commerce clause of the United States Constitution. It was also notable as being one of the first cases that determined that Puerto Rico can be treated as if a state for some purposes under the law.[1] It has become a precedent for similar cases.[2]

Puerto Rico v. Shell Co. (P. R.), Ltd.
Argued November 9, 1937
Decided December 6, 1937
Full case namePeople of Puerto Rico, petitioner, v. Shell Co. (P. R.), Ltd.
Citations302 U.S. 253 (more)
58 S. Ct. 167; 82 L. Ed. 235
Case history
Prior86 F.2d 577, reversed
Court membership
Chief Justice
Charles E. Hughes
Associate Justices
James C. McReynolds · Louis Brandeis
George Sutherland · Pierce Butler
Harlan F. Stone · Owen Roberts
Benjamin N. Cardozo · Hugo Black
Case opinion
MajoritySutherland, joined by unanimous
Laws applied
Commerce clause

See also

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References

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  1. ^ Memorandum, Department of Justice, August 18, 1998, found at DOJ website Archived 2009-07-25 at the Wayback Machine, citing Puerto Rico v. Shell Co. (P. R.), Ltd., 302 U.S. at 258. Accessed July 27, 2009.
  2. ^ See, e.g., Topp-Cola Company v. Coca-Cola Company, 314 F.2d 124, 136 U.S.P.Q. 610 (2d Cir. 1963), found at Openjurist.com website. Accessed July 27, 2009.
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