PHILLIPS v. McLAUGHLIN

No. 87-2544.

854 F.2d 673 (1988)

Roger PHILLIPS; Marcel Joseph; Robert Zembower, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. Ann McLAUGHLIN, Secretary of Labor, United States Department of Labor; United States Sugar Corporation; Florida Fruit & Vegetable Association, Defendants-Appellees, Haitian Catholic Center, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided August 19, 1988.


Attorney(s) appearing for the Case

Gregory Schell, Immokalee, Fla. (Legal Aid Bureau, Inc., Garry G. Geffert, West Virginia Legal Services Plan, Inc., Martinsburg, W. Va., on brief), for plaintiffs-appellants.

Jeffrey Hennemuth (George R. Salem, Sol. of Labor, Allen H. Feldman, Associate Sol. for Sp. Appellate and Supreme Court Litigation, Steven J. Mandel, Washington, D.C., Counsel for Appellate Litigation, U.S. Dept. of Labor, on brief), Ann Pointer (Charles Kelso, Don S. Lemmer, Fisher & Phillips, Atlanta, Ga., Thomas J. Gisriel, Gisriel & Gisriel, Baltimore, Md., on brief), for defendants-appellees.

Isidro Garcia, Florida Rural Legal Services, Inc., Belle Glade, Fla., on brief, for amicus curiae.

Before WINTER, Chief Judge, MURNAGHAN, Circuit Judge, and RAMSEY, United States District Judge for the District of Maryland, sitting by designation.


HARRISON L. WINTER, Chief Judge:

Plaintiffs are a nationwide class of domestic farmworkers who reside within commuting distance of their places of work and who have been or will be denied housing by employers who import nonimmigrant foreign farmworkers. They challenge denial of employer-provided housing as a violation of 20 C.F.R. § 655.202(b)(1) (1987), a regulation issued by the United States Department of Labor (DOL) as a part of DOL's "H-2" program for certifying...

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