WILLIAMS v. USERY

No. 75-3458.

531 F.2d 305 (1976)

Andrew WILLIAMS, Individually and on behalf of all others similarly situated, Plaintiffs-Appellants, 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.

Rehearing and Rehearing Denied June 8, 1976.


Attorney(s) appearing for the Case

Bill Abbuehl, Belle Glade, Fla., Michael Masinter, Florida Rural Legal Services, Inc., Homestead, Fla., Katherine Gruenheck, Migrant Legal Action Program, Washington, D.C., for plaintiffs-appellants.

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

Charles Kelso, Atlanta, Ga., for Fla. Sugar Cane League.

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


Rehearing and Rehearing En Banc Denied June 8, 1976.

DYER, Circuit Judge:

This appeal, like the companion case of Florida Sugar Cane League v. Usery, 5 Cir. 1976, 531 F.2d 299, decided today, raises a number of objections to the Secretary of Labor's basis for the determination of the "adverse effect wage rate" for sugar cane cutters in Florida. Williams, an American unemployed sugar cane cutter, argued unsuccessfully...

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