VIRGINIA AGRICULTURAL GROWERS ASSOCIATION, INC.; Virginia Carolina Agricultural Producers Association, Inc.; Frederick County Fruit Growers Association; Washington County Fruit Growers Association; Valley Growers Cooperative, Inc.; Mid-Hudson Growers Cooperative, Inc.; Northwest Growers Cooperative, Inc.; Niagara Orchards; K & W Farms; Gunnison Lakeshore Orchards; Forrence Orchards, Inc.; Northern Orchard Co., Inc.; Sullivan Orchards; Orchardale Fruit Farm; Al Gioia & Sons; Lamont Fruit Farm; Lake Ontario Fruit Sales, Inc.; Apple Acres, Appellees,
v.
Raymond J. DONOVAN, Secretary of Labor; United States Department of Labor, Appellants, and
Sherman Paulk; Deborah Paulk; Cedrick Turner; Vincent Clark; Gene R. Reeder, Appellees.
VIRGINIA AGRICULTURAL GROWERS ASSOCIATION INC.; Virginia Carolina Agricultural Producers Association, Inc.; Frederick County Fruit Growers Association; Washington County Fruit Growers Association; Valley Growers Cooperative, Inc.; Mid-Hudson Growers Cooperative, Inc.; Northwest Growers Cooperative, Inc.; Niagra Orchards; K & W Farms; Gunnison Lakeshore Orchards; Forrence Orchards, Inc.; Northern Orchards Co., Inc.; Sullivan Orchards; Orchardale Fruit Farm; Al Gioia & Sons; Lamont Fruit Farm; Lake Ontario Fruit Sales, Inc.; Apple Acres, Appellees,
v.
Cedrick TURNER; Vincent Clark; Gene R. Reeder, Appellants, and
Raymond J. Donovan, Secretary of Labor; United States Department of Labor; Sherman Paulk; Deborah Paulk, Appellees.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued May 7, 1985.
Decided October 3, 1985.
Attorney(s) appearing for the Case
Mark Stern, Washington, D.C., Robert Moore (Edward J. Tuddenham, Hereford, Tex., Richard K. Willard, Washington, D.C., John P. Alderman, Roanoke, Va., Michael Kimmel, Washington, D.C., on brief), for appellants.
S. Steven Karalekas, Washington, D.C. (Morris Kletzkin, Albert D. Misler, Friedlander, Misler, Friedlander, Sloan & Herz, Thomas E. Wilson, Charles, Karalekas, McCahill & Wilson, Washington, D.C., W. Carrington Thompson, Clement & Wheatley, P.C., Danville, Va., William A. Johnston, Harrison & Johnston, Winchester, Va., on brief), for appellee.
Before WINTER and CHAPMAN, Circuit Judges, and KNAPP, Senior United States District Judge for the Southern District of West Virginia, sitting by designation.
United States Court of Appeals, Fourth Circuit.
DENNIS R. KNAPP, Senior District Judge.
The United States Department of Labor (the DOL) and defendant-intervenors, Cedrick Turner, et al., appeal from the District Court's order of August 22, 1984, 597 F.Supp. 45, holding (1) that the regulation promulgated by the DOL at 20 C.F.R. § 655.207(b),1 as amended by the DOL on August 31, 1983, and found at 48 Fed.Reg. 40.168 (September 2, 1982) and known...
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