Legal Opinion

Shoreham Cooperative Apple Producers Ass'n v. Donovan

Court of Appeals for the Second Circuit

Decided June 13, 1985No. 1147, Dockets 85-6009, 85-6029PublishedCited by 6 opinions

1Opinion of the Court

JON 0. 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) denying DOL’s motion for summary judgment.1 We now reverse.

Background

The challenged regulation, 20 C.F.R. § 655.207(b) (1984), is part of…

2Cases cited15 opinions

  1. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  2. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  3. Burlington Truck Lines, Inc. v. United StatesSupreme Court of the United States · 1962
  4. Camp v. PittsSupreme Court of the United States · 1973
  5. National Nutritional Foods Ass'n v. WeinbergerCourt of Appeals for the Second Circuit · 1975

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3Cited by6 opinions

  1. Virginia Agricultural Growers Ass'n v. DonovanCourt of Appeals for the Fourth Circuit · 1985
  2. Beverly Enterprises, Inc. v. HermanDistrict Court, District of Columbia · 2000
  3. American Federation of Labor and Congress of Industrial Organizations (Afl-Cio) v. Elizabeth H. Dole, Secretary of Labor National Council of Agricultural Employers, American Federation of Labor and Congress of Industrial Organizations (Afl-Cio) v. Elizabeth H. Dole, Secretary of Labor, National Council of Agricultural Employers. American Federation of Labor and Congress of Industrial Organizations (Afl-Cio) v. Elizabeth H. Dole, Secretary of Labor American Farm Bureau FederationCourt of Appeals for the D.C. Circuit · 1991
  4. Pamlico-Tar River Foundation v. U.S. Army Corps of EngineersDistrict Court, E.D. North Carolina · 2004
  5. American Federation of Labor & Congress of Industrial Organizations v. DoleCourt of Appeals for the D.C. Circuit · 1991

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