FELLER v. BROCK

Nos. 85-1912(L), 85-1949, 85-2275, and 85-2276.

802 F.2d 722 (1986)

Homer FELLER, d/b/a Mount Levels Orchards and Farms, Appellee, v. William E. BROCK, Secretary of Labor, United States Department of Labor; William J. Haltigan, Regional Administrator for Employment and Training of the United States Department of Labor; Edwin Meese, Attorney General of the United States; Lyle Karne, District Director of the Immigration and Naturalization Service of the United States Department of Justice, Appellants. TRI-COUNTY GROWERS, INC.; John Cushwa; Douglas Dirting; Lloyd Lutman; William Kilmer; Richard W. Blizzard; Richard Lowman; Charles Lewis; Turner Ramey, Appellees, v. William E. BROCK, Secretary of Labor, United States Department of Labor; William J. Haltigan, Regional Administrator for Employment and Training of the United States Department of Labor; Edwin Meese, Attorney General of the United States; Lyle Karne, District Director of the Immigration and Naturalization Service of the United States Department of Justice, Appellants. Homer FELLER, d/b/a Mount Levels Orchards and Farms, Appellee, v. William E. BROCK, Secretary of Labor, United States Department of Labor; William J. Haltigan, Regional Administrator for Employment and Training of the United States Department of Labor; Edwin Meese, Attorney General of the United States; Lyle Karne, District Director of the Immigration and Naturalization Service of the United States Department of Justice, Defendants, and Lucius Donaldson; Sammie Mackey; Neville Davey; Rebecca Brown; Errol Brown; James Vassell, Appellants. TRI-COUNTY GROWERS, INC., John Cushwa; Douglas Dirting; Lloyd Lutman; William Kilmer; Richard W. Blizzard; Richard Lowman; Charles Lewis; Turner Ramey, Appellees, v. William E. BROCK, Secretary of Labor, United States Department of Labor; William J. Haltigan, Regional Administrator for Employment and Training of the United States Department of Labor; Edwin Meese, Attorney General of the United States; Lyle Karne, District Director of the Immigration and Naturalization Service of the United States Department of Justice, Defendants, and Lucius Donaldson; Sammie Mackey; Neville Davey; Rebecca Brown; Errol Brown; James Vassell, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided October 2, 1986.


Attorney(s) appearing for the Case

Marc Richman, U.S. Dept. of Justice, Civ. Div., and Garry G. Geffert, W.Va. Services Plan, Inc. (Richard K. Willard, Asst. Atty. Gen., William A. Kolibash, U.S. Atty., William Kanter, Civ. Div., Dept. of Justice, on brief) for appellants.

Clarence E. Martin, III and Susan R. Snowden (Martin & Seibert, on brief) for appellees.

Before ERVIN, and WILKINSON, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.


ERVIN, Circuit Judge:

This appeal challenges the propriety of a preliminary injunction issued by a West Virginia federal district court which directly conflicts with a permanent injunction issued by a federal district court in the District of Columbia.1 Because the West Virginia preliminary injunction reversed the status quo ante litem, forced the defendants to risk contempt in either West Virginia or the District of Columbia, and...

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