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JOHNSON v. KIRKLAND

No. 18478.

290 F.2d 440 (1961)

Charles E. JOHNSON and E. E. Scannell, Appellants, v. Jean E. KIRKLAND, Fidel Leal Farms, La Sara Harvesting Ass'n, Rio Vista Cotton Growers' Ass'n, Valley Farmers, Cooperative Harvesting Ass'n, Lake Farmers' Cooperative Society, Producer, Harvester and Farmer Cooperative Society, Continental Farmers' Cooperative Society, Rio-Val Farmers' Cooperative Society, Sebastian Farmers' Cooperative Society, Willamar Farmers' Cooperative Labor Society, Harlingen Farmers & Producers Gin, and Coyotes Harvesting Ass'n, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 1, 1961.

Attorney(s) appearing for the Case

William B. Butler, U. S. Atty., Robert C. Maley, Jr., Scott T. Cook, Asst. U. S. Attys., Houston, Tex., for appellants, Earl Street, Regional Atty., U. S. Dept. of Labor, Dallas, Tex., Larry S. Parnass, Atty., U. S. Dept. of Labor, Dallas, Tex., of counsel.

Sander W. Shapiro, Donald S. Thomas, Clark, Mathews, Thomas, Harris & Denius, Austin, Tex., for appellees.

Before RIVES, BROWN and WISDOM, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

The specific question raised by this case is whether the Secretary of Labor has the power under the Migratory Labor Act, 7 U.S.C.A. §§ 1461-1468, to impose a minimum wage scale or minimum wage fixing schedule for Mexican workers which is determined by standards other than the current prevailing domestic wage rate for like agricultural work. The District Court granted a preliminary injunction against the District Director of...

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