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FERNANDEZ v. BROCK

No. 86-2033.

822 F.2d 865 (1987)

Refugio FERNANDEZ; Maria Fernandez, individually and on behalf of others similarly situated; Maria Calderon, Plaintiffs-Appellants, v. William E. BROCK; Ford Barney Ford, Acting Secretary, in his capacity as Acting Secretary of Labor; Robert A.G. Monks, in his capacity as Administrator of the Office of Pensions and Welfare Benefit Programs; Donald Regan, in his capacity as Secretary of the Treasury; Roscoe L. Egger, Jr., in his capacity as Commissioner of the Internal Revenue Service; Teodoro Calderon, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 20, 1987.

Attorney(s) appearing for the Case

Neal S. Dudovitz, Los Angeles, Cal., Lydia Villarreal, Cal. Rural Legal Assistance, Salinas, Cal., Richard S. Kohn, Cal. Rural Legal Assistance, San Francisco, Cal., for plaintiffs-appellants.

John P. Giraudo, Washington, D.C., for defendants-appellees.

Before WALLACE and POOLE, Circuit Judges, and REA, District Judge.

WALLACE, Circuit Judge:

Four migrant farmworkers (farmworkers) appeal the district court's order granting summary judgment to the Secretary of the Treasury and other federal officials and agencies (collectively "Secretary"). The farmworkers sought an order compelling the Secretary to promulgate regulations under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461, that would govern pension plans for seasonal workers. We have...

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