GUERRERO v. GARZA

No. 75-C-399.

464 F.Supp. 509 (1978)

Nazario GUERRERO, Juanita Guerrero, Johnny Guerrero and Guadalupe Guerrero, Ines Rivera, Santiago, Flores, Francisco Salazar, Domingo Salinas, Richardo Hinojosa and Jorge Lopez Garza, on behalf of themselves and all others similarly situated, Plaintiffs, v. Ramiro GARZA, Jr., Zulema Garza, Audaz Garza, F. Ray Marshall, in his official capacity as Secretary of the United States Department of Labor, Xavier Vela, in his official capacity as Administrator of the Wage and Hour Division of the United States Department of Labor, Donald H. Haack, in his official capacity as Assistant Regional Administrator, Region V, Employment Standards Administration, United States Department of Labor, their employees, agents, successors, and assigns, and all those acting in concert or cooperation with them or at their discretion or under their control, Defendants.

United States District Court, W. D. Wisconsin.

December 11, 1978.


Attorney(s) appearing for the Case

John F. Ebbot, Migrant Legal Action Program, Inc., Washington, D. C., for plaintiffs.

Lee R. Atterbury, Callahan & Arnold, Columbus, Wis., for Garza defendants.

Paul E. Myerson, U. S. Dept. of Labor, Washington, D. C., for federal defendants.


OPINION AND ORDER

JAMES E. DOYLE, District Judge.

By the tests of Curtis v. Loether, 415 U.S. 189, 94 S.Ct. 1005, 39 L.Ed.2d 260 (1974), if plaintiffs were seeking actual damages from the Garza defendants, it seems clear that a jury trial would be guaranted by the Seventh Amendment, as the Honorable Barbara B. Crabb decided in this case in her memorandum entered December 6, 1978. But at a pretrial conference before...

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