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SALINAS v. RODRIGUEZ

No. 91-1426.

963 F.2d 791 (1992)

Gregorio R. SALINAS, et al., Plaintiffs, v. Jimmy RODRIGUEZ, Jr., et al., Defendants. Gregorio R. SALINAS, Gregorio G. Salinas, and Jesus Chavez, Individually and on Behalf of all others similarly situated, Plaintiffs-Appellants, v. GOODPASTURE, INC., PST, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 22, 1992.

Attorney(s) appearing for the Case

Kay E. Mares, Susan A. Huber, Texas Rural Legal Aid, Inc., Plainview, Tex., William H. Beardall, Jr., Texas Rural Legal Aid, Inc., Weslaco, Tex., for plaintiffs-appellants.

Tom S. Milam, Cecil Kuhne, Crenshaw, Dupree & Milam, Lubbock, Tex., for defendants-appellees.

Before POLITZ, Chief Judge, and WILLIAMS and DUHÉ, Circuit Judges.

PER CURIAM:

This case requires the Court to decide whether, under the Fair Labors Standard Act (FLSA)1 and the Migrant and Seasonal Agricultural Worker Protection Act (AWPA),2 worker-days of labor used by one joint employer should be imputed to another joint employer for purposes of imposing liability despite the small-business exemption. We hold that imputation would be contrary to the language of the statute...

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