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PANCHO VILLA RESTAURANT, INC. v. U.S. DEPT. OF LABOR

Nos. 1034, 1035, Dockets 85-6312, 85-6348.

796 F.2d 596 (1986)

PANCHO VILLA RESTAURANT, INC., Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF LABOR, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 21, 1986.

Attorney(s) appearing for the Case

Howard L. Baker, New York City (Wilens & Baker, P.C., New York City, of counsel), for plaintiff-appellant.

Michael P. DiRaimondo, New York City (Raymond J. Dearie, U.S. Atty., E.D.N.Y., Robert L. Begleiter, Asst. U.S. Atty., of counsel), for defendant-appellee.

Before OAKES, MESKILL and NEWMAN, Circuit Judges.

OAKES, Circuit Judge:

Conflicting determinations of the United States District Court for the Eastern District of New York relating to applications for alien labor certification filed by Pancho Villa Restaurant, Inc. ("Pancho Villa"), which, not surprisingly, serves Mexican food, are appealed here. Judge Charles P. Sifton, in Docket No. 85-6312 ("Pancho Villa I"), held that the decision of the Secretary of Labor to deny two applications for alien labor certification...

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