SHOREHAM CO-OP. APPLE PRODUCERS v. DONOVAN

No. 1147, Dockets 85-6009, 85-6029.

764 F.2d 135 (1985)

SHOREHAM COOPERATIVE APPLE PRODUCERS ASSOCIATION, INC., Scott Farm, Yankee Kingdom Orchards, Inc., the New England Apple Council, Inc., Plaintiffs-Appellees, v. Raymond J. DONOVAN, Secretary of the United States Department of Labor, and the United States Department of Labor, Defendants-Appellants, Paul Lebrecque, John Poulin, and Paul Pepin, Intervenors-Defendants.

United States Court of Appeals, Second Circuit.

Decided June 13, 1985.


Attorney(s) appearing for the Case

Mark B. Stern, Dept. of Justice, Washington, D.C. (Richard K. Willard, Acting Asst. Atty. Gen., Washington, D.C., George W.F. Cook, U.S. Atty., Rutland, Vt., Michael Kimmel, Dept. of Justice, Washington, D.C., on brief), for defendants-appellants.

Robert N. Moore, Pine Tree Legal Assistance, Inc., Bangor, Me., Edward J. Tuddenham, Migrant Legal Action Program, Inc., Washington, D.C., filed a brief for intervenors-defendants.

S. Steven Karalekas, Washington, D.C. (Charles, Karalekas, McCahill & Wilson, Washington, D.C., on brief), for plaintiffs-appellees New England Apple Council, Inc., Scott Farm and Yankee Kingdom Orchards, Inc.

Ellen Mercer Fallon, Middlebury, Vt. (Peter F. Langrock, Langrock, Sperry, Parker & Wool, Middlebury, Vt., on brief), for plaintiff-appellee Shoreham Co-op. Apple Producers Ass'n, Inc.

Before FEINBERG, Chief Judge, and LUMBARD and NEWMAN, Circuit Judges.


JON O. NEWMAN, Circuit Judge:

This action challenges a regulation promulgated by defendant-appellant Department of Labor ("DOL") establishing a methodology for determination of annual percentage changes in a wage rate required to be paid by agricultural employers who import temporary foreign workers. We granted DOL's application under 28 U.S.C. § 1292(b) for review of an order of the District Court for the District of Vermont (Albert W. Coffrin, Chief Judge)...

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