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FLORIDA SUGAR CANE LEAGUE, INC. v. USERY

No. 75-3286.

531 F.2d 299 (1976)

FLORIDA SUGAR CANE LEAGUE, INC., Plaintiff-Appellant, v. W. J. USERY, in his capacity as Secretary of Labor, United States Department of Labor, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 10, 1976.

Attorney(s) appearing for the Case

Charles Kelso, Atlanta, Ga., Joseph W. Beasley, Miami, Fla., for plaintiff-appellant.

Carl W. Gerig, Jr., Counsel for Manpower Litigation, U. S. Dept. of Labor, Washington, D. C., with whom William J. Kilberg, Sol. of Labor, Craig A. Berrington, Associate Sol., Washington, D. C., Beverley R. Worrell, Regional Sol., Atlanta, Ga., and Steven M. Guttell, U. S. Dept. of Labor, Washington, D. C., were on brief for defendants-appellees.

Michael Masinter, Fla. Rural Legal Serv., Inc., Homestead, Fla., Katherine Gruenheck, Migrant Legal Action Program, Inc., Washington, D. C., William L. Botts, III, Fla. Rural Legal Serv., Inc., Belle Glade, Fla., amicus curiae.

Before DYER and CLARK, Circuit Judges, and KRAFT, District Judge.

DYER, Circuit Judge:

The Florida Sugar Cane League appeals the district court's denial of an injunction against the Secretary of Labor's publication of an "adverse effect wage rate" for sugar cane in Florida. 40 FR 20750, June 26, 1975, notice proposing annual revision of 20 C.F.R. § 602.10b(a)(1). Within the contours of our review of administrative rule-making, we find no error in the denial of an injunction.

The League represents Florida sugar cane...

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