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ROGERS v. LARSON

No. 76-1926.

563 F.2d 617 (1977)

Alfred ROGERS, and Rupert Lespeare, Individually and on behalf of all other persons similarly situated v. Jean D. LARSON, Individually and as the Acting Commissioner of Labor of the Virgin Islands of the United States, Edward H. Levi, Individually and as Attorney General of the United States, Leonard Chapman, Jr., Individually, and as Immigration Commissioner of the United States, James St. John, Jr., Individually and as Director of the Alien Certification Office, Alfred Rogers, Rupert Lespeare, and Rafael Lockhart, Appellants.

United States Court of Appeals, Third Circuit.

Decided September 23, 1977.

Attorney(s) appearing for the Case

Thomas A. Elliot, Legal Services of the Virgin Islands, Christiansted, St. Croix, for appellant Rafael Lockhart.

Edgar D. Ross, Atty. Gen. of the Virgin Islands, Roderick Lawrence, Asst. Atty. Gen. of the Virgin Islands, Charlotte Amalie, St. Thomas, V. I., for appellee Jean D. Larson.

Philip Wilens, Chief, Government Regulations and Labor Section, Criminal Division, James P. Morris and George W. Masterton, Attys., U.S. Dept. of Justice, Washington, D.C., and Julio A. Brady, U.S. Atty., Charlotte Amalie, St. Thomas, V. I., for the United States of America, amicus curiae.

Before WEIS, VAN DUSEN and GARTH, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This appeal raises the important question of whether 24 V.I.C. § 129, which provides for the replacement of alien nonimmigrant workers in the Virgin Islands with United States citizens or permanent resident aliens,1 is (1) preempted under the Supremacy Clause, Art. VI, cl. 2, of the Constitution,2 by the...

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