ORGANIZED MIGRANTS IN COMMUN. ACT., INC. v. BRENNAN

No. 74-2062.

520 F.2d 1161 (1975)

ORGANIZED MIGRANTS IN COMMUNITY ACTION, INC., Appellant, Elizabeth Wilder et al. v. Peter BRENNAN, Secretary, Department of Labor, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided October 9, 1975.


Attorney(s) appearing for the Case

Patricia A. Butler, Los Angeles, Cal., with whom Florence Wagman Roisman and Miriam Guido, Washington, D. C., were on the brief for appellants.

Stephen F. Eilperin, Atty., Dept. of Justice, with whom Carla A. Hills, Asst. Atty. Gen., Earl J. Silbert, U. S. Atty., and Michael H. Levin, Washington, D. C., Counsel for App. Litigation, Dept. of Labor, were on the brief for Federal appellees. Barbara L. Herwig, Atty., Dept. of Justice, also entered an appearance for Federal appellees.

Before TAMM and LEVENTHAL, Circuit Judges, and MILLER, Judge, United States Court of Customs and Patent Appeals.


Opinion for the Court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

This case involves an alleged conflict of legislation; we must determine whether jurisdiction to regulate farmworkers' exposure to pesticides is vested in the Department of Labor or in the Environmental Protection Agency. Appellants Organized Migrants In Community Action, et al.1 claim that jurisdiction lies...

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