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MORRISON v. U.S. DEPT. OF LABOR

No. 86 Civ. 6548.

713 F.Supp. 664 (1989)

Henry E. MORRISON, Walter Solomon, and Morgan Lee, on behalf of themselves and all others similarly situated, Plaintiffs, v. The UNITED STATES DEPARTMENT OF LABOR, William Brock, Secretary of Labor, Barbara Ann Farmer, Acting Administrator for Regional Management, Thomas Hill, Regional Administrator, Region II, and The Immigration and Naturalization Service, and Valley Growers Co-Operative, Inc., Mid-Hudson Co-Operative, Inc., Wayne County Growers and Processors, Inc., Northwest Growers Cooperative, Inc., and Nardone Farms, on behalf of themselves and all others similarly situated, Defendants.

United States District Court, S.D. New York.

May 16, 1989.

Attorney(s) appearing for the Case

Migrant Legal Action Program, Inc., Washington, D.C. (Edward J. Tuddenham, Shelly Davis, of counsel), Farmworkers Legal Services of New York, Inc., New Paltz, N.Y. (Thomas A. Harnett, Claudia A. Smith, of counsel), for plaintiffs.

Benito Romano, U.S. Atty., S.D.N.Y. (Paul K. Milmed, Asst. U.S. Atty., of counsel), for Federal defendants.

Seyfarth, Shaw, Fairweather & Geraldson, New York City and Washington, D.C. (Thomas Wilson, Michael Hirschfeld, of counsel), for Growers defendants.

OPINION AND ORDER*

CONBOY, District Judge:

This case arises out of the 1986 apple harvest in New York. Plaintiffs, (the "workers") originally requested a preliminary injunction to enjoin their employers, New York apple growers (the "growers") from paying the wage rate approved by the Department of Labor ("DOL") for the 1986 season as they asserted that it was unlawful. They also sought a declaration that the DOL had failed to...

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