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ROWLAND v. MARSHALL

No. 80-1451.

650 F.2d 28 (1981)

M. Curtis ROWLAND, Malcolm Bailey, Kent Hudson, R. D. Mason, William Murray, Willie Redd, Franklin Shelton, Averett Simpson, and all other Virginia Tobacco Growers Similarly Situated, Appellees, v. F. Ray MARSHALL, United States Secretary of Labor, and David O. Williams, Administrator, United States Employment Service, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided March 23, 1981.

Attorney(s) appearing for the Case

John S. Edwards, U. S. Atty., Roanoke, Va. (Thomas R. King, Jr. and Thomas J. Bondurant, Asst. U. S. Attys., Roanoke, Va., Carin Ann Clauss, Sol., of Labor, Nathaniel Baccus, III, Associate Sol., Lois G. Williams, Deputy Associate Sol., Kerry L. Adams, U. S. Dept. of Labor, Washington, D. C., on brief) for appellants.

Albert D. Misler, Washington, D. C. (Morris Kletzkin, Friedlander, Misler, Friedlander, Sloan & Herz, Washington, D. C., on brief) for appellees.

Before WINTER, SPROUSE and ERVIN, Circuit Judges.

PER CURIAM:

Several Virginia tobacco growers who filed petitions with the Immigration and Naturalization Service to admit nonimmigrant aliens1 for the 1980 tobacco harvest brought an action in district court to enjoin the Secretary of Labor (hereafter "the Secretary") from imposing a $3.51 adverse effect wage rate (AEWR) on them for the 1980 season. The AEWR is the rate that an employer must pay both domestic and foreign agricultural workers...

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