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N.A.A.C.P., JEFFERSON COUNTY BRANCH v. DONOVAN

Nos. 83-1919, 83-2165.

737 F.2d 67 (1984)

NATIONAL ASSOCIATION FOR ADVANCEMENT OF COLORED PEOPLE, JEFFERSON COUNTY BRANCH, et al. v. Raymond J. DONOVAN, Secretary, U.S. Department of Labor, et al., Appellants. (Two cases)

United States Court of Appeals, District of Columbia Circuit.

Decided June 12, 1984.

Attorney(s) appearing for the Case

Michael Kimmel, Atty., Dept. of Justice, Washington, D.C., with whom Richard K. Willard, Acting Asst. Atty., Dept. of Justice, and Joseph E. diGenova, U.S. Atty., Washington, D.C., were on the brief, for appellants.

Thomas Dunn Goldberg, Washington, D.C., with whom Philip A. Lacovara and Ronald A. Stern, Washington, D.C., were on the brief, for appellees.

Before MIKVA, BORK and STARR, Circuit Judges.

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

This appeal arises from a lawsuit challenging the Department of Labor's (DOL or Labor Department) method for calculating minimum wage rates for migrant farmworkers. The lawsuit was brought by appellees under the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(15)(H)(ii) (1982), and its implementing regulations, 8 C.F.R. § 214.2(h)(3)(i) (1984); 20 C.F.R. § 655 (1983...

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