ELTON ORCHARDS, INC. v. BRENNAN

No. 74-1315.

508 F.2d 493 (1974)

The ELTON ORCHARDS, INC., Plaintiff-Appellee, v. Peter J. BRENNAN, Secretary of Labor, United States Department of Labor, et al., Defendants-Appellants.

United States Court of Appeals, First Circuit.

December 19, 1974.


Attorney(s) appearing for the Case

Carl W. Gerig, Jr., Counsel for Manpower Litigation, U. S. Dept. of Labor, and John Edward Harris, Atty., Dept. of Justice, Washington, D. C., with whom John L. Murphy, Chief, Government Regulations Section, Crim. Div., and George W. Masterton, Atty., Dept. of Justice, were on brief, for appellants.

Edward F. Smith, Andre J. Barbeau, and Joseph Stewart, Concord, N. H., on brief for Benjamin C. Adams, Commissioner, Dept. of Employment Security, State of New Hampshire, appellant.

Shane Devine, Manchester, N. H., with whom Devine, Millimet, Stahl & Branch, Manchester, N. H., was on brief, for appellee.

Katherine S. Gruenheck, Washington, D. C., on brief for Migrant Legal Action Program, Inc., Amicus Curiae.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.


COFFIN, Chief Judge.

This is an appeal by the Secretary of Labor and two other allied federal defendants from a preliminary injunction entered by the District Court for New Hampshire ordering them to make available to appellee a number of foreign apple pickers. At issue is the interstate clearance system for recruitment of agricultural workers (ICS) established by 20 C.F.R. §§ 602.2 and 602.9, under authority of...

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