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ELTON ORCHARDS, INC. v. BRENNAN

Civ. A. No. 74-174.

382 F.Supp. 1049 (1974)

The ELTON ORCHARDS, INC. v. Peter BRENNAN, Secretary of Labor, United States Department of Labor, et al.

United States District Court, D. New Hampshire.

September 17, 1974.

Attorney(s) appearing for the Case

Shane Devine, Devine, Millimet, Stahl & Branch, Manchester, N. H., for plaintiff.

William J. Deachman, U. S. Atty., for the District of New Hampshire, Concord, N. H., for defendant-appellant.

Andre J. Barbeau, N. H. Dept. of Employment Security, Concord, N. H., for defendant Adams.

Albert H. Ross, Regional Solicitor, U. S. Dept. of Labor, Boston, Mass., for defendant Brennan.

OPINION AND ORDER

BOWNES, District Judge.

This is an action brought pursuant to 28 U.S.C. §§ 1343, 1346 and 42 U.S.C. § 1983. Petitioner alleges that arbitrary and capricious behavior by defendants deprived it of equal protection of the law and, concomitantly, of its property without due process. The action complained of is defendants' refusal to provide plaintiff with any of the alien workers who have been allocated to New Hampshire for apple...

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