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MEDELLIN v. BUSTOS

No. 87-6165.

854 F.2d 795 (1988)

Venancio MEDELLIN, and Handi-Ad Printing Co., Plaintiffs-Appellants, v. Benjamin BUSTOS, in his official capacity as Certifying Officer of the United States Department of Labor, Employment and Training Administration, Dallas, Texas, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 15, 1988.

Attorney(s) appearing for the Case

Peter D. Williamson, Kelly A. Chaves, Houston, Tex., for plaintiffs-appellants.

Robert Darden, Frank A. Conforti, Asst. U.S. Attys., Houston, Tex., for defendant-appellee.

Before CLARK, Chief Judge, GARZA and POLITZ, Circuit Judges.

GARZA, Circuit Judge:

This case is an appeal from the decision of the United States District Court for the Southern District of Texas. It involves the decision of appellee Benjamin Bustos, Certifying Officer of the United States Department of Labor, to disallow the substitution of an alien on a labor certification. The issue before us is whether that decision was arbitrary, capricious, an abuse of discretion or otherwise contrary to the law. The district court determined...

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