BARRETT v. ADAMS FRUIT CO., INC.

No. 88-3121.

867 F.2d 1305 (1989)

Ramsford BARRETT, et al., Plaintiffs-Appellants, v. ADAMS FRUIT COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 15, 1989.


Attorney(s) appearing for the Case

Nora Leto, Bartow, Fla., Mivoshi D. Smith, Lipman & Weisberg, Miami, Fla., Florida Rural Legal Services, Inc., West Palm Beach, Fla., for plaintiffs-appellants.

Bonita L. Kneeland, Fowler, White, Gillen, Boggs, Villareal & Banker, Tampa, Fla., for defendant-appellee.

Before VANCE and KRAVITCH, Circuit Judges, and HENDERSON, Senior Circuit Judge.


VANCE, Circuit Judge:

This case requires us to determine whether the Migrant and Seasonal Agricultural Worker Protection Act, Pub.L. No. 97-470, 96 Stat. 2584 (1983) (codified at 29 U.S.C. §§ 1801-1872), ("the Act") preempts the exclusive remedy provision of Florida's workers' compensation laws, Fla.Stat.Ann. § 440.11 (West 1981). For the reasons set forth below we conclude that the private cause of action provision of the Act, 29 U.S.C. § 1854...

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