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MALACARA v. GARBER

No. 03-40144.

353 F.3d 393 (2003)

Ovidio MALACARA, et al., Plaintiffs, Ovidio Malacara; David Rincones, Plaintiffs-Appellants, v. Russell GARBER, doing business as Garber Farms, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 9, 2003.

Attorney(s) appearing for the Case

Michael Holley (argued), Florida Immigrant Advocacy Ctr., Miami, FL, Douglas Leonard Stevick, Southern Migrant Legal Services, A Project of Texas Rural Legal Aid, Nashville, TN, for Plaintiffs-Appellants.

Stephen A. Watring (argued), Dunlevey Mahan, Dayton, OH, for Defendant-Appellee.

Catherine K. Ruckelshaus, Nat. Emp. Law Project, New York City, for United Farm Workers Union and Comite De Apoyo A Los Trabajadores Agricolas Inc., Amici Curiae.

Before JOLLY and WIENER, Circuit Judges, and ROSENTHAL, District Judge.

ROSENTHAL, District Judge:

This appeal requires this court to examine the family business exemption from the Migrant and Seasonal Agricultural Worker Protection Act ("AWPA"), 29 U.S.C. §§ 1801 et seq. Appellants, two Texas-based migrant farmworkers, alleged that appellee, the owner of a family farm, deliberately discouraged them from accepting employment so he could import workers under a program that requires farmers first to attempt to hire American...

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