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ASHBROOK-SIMON-HARTLEY v. McLAUGHLIN

No. 88-2130.

863 F.2d 410 (1989)

ASHBROOK-SIMON-HARTLEY and David Charles Niblett, Plaintiffs-Appellees, v. Ann McLAUGHLIN, Secretary of Labor, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 20, 1989.

Attorney(s) appearing for the Case

Jonathan H. Waxman, Washington, D.C., Keith E. Wyatt, Frank A. Conforti, Asst. U.S. Attys., Henry K. Oncken, U.S. Atty., Houston, Tex., for defendants-appellants.

Harry Gee, Jr., Hebert Gee, Houston, Tex., for plaintiffs-appellees.

Before GEE, SNEED and WILLIAMS, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge:

Appellant United States Department of Labor (DOL) denied the application of appellees, the Ashbrook-Simon-Hartley Company (ASH) and David Niblett, for alien employment certification under 8 U.S.C. § 1182(a)(14) (1982). ASH and Niblett unsuccessfully pursued an administrative appeal, and then sought review of the DOL's decision in federal district court. The district court granted summary judgment for ASH and Niblett, concluding...

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