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McLAUGHLIN v. ELSBERRY, INC.

No. 87-3381.

868 F.2d 1525 (1989)

Ann McLAUGHLIN, Secretary of Labor, U.S. Department of Labor, Plaintiff-Appellee, v. ELSBERRY, INC., Elsberry and Elsberry, Inc., Waterberry Farms, Inc., Elsberry Brothers, Inc., Ray E. Holcomb, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

As Amended March 17, 1989.

Attorney(s) appearing for the Case

Michael C. Towers, Fisher & Phillips, James J. McDonald, Jr., Fisher & Phillips, Atlanta, Ga., for defendants-appellants.

Kathryn A. Oberly, Mayer, Brown & Platt, Washington, D.C., for amicus curiae, American Farm Bureau Federation.

John F. Cordes and Peter R. Maier, U.S. Dept. of Justice, Civ. Div., Washington, D.C., for plaintiff-appellee.

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

HENLEY, Senior Circuit Judge:

Appellants were enjoined by the district court from prohibiting entry by Department of Labor personnel (hereinafter DOL) onto appellants' fields to interview migrant workers as authorized by the Migrant and Seasonal Agricultural Worker Protection Act (hereafter MWPA), 29 U.S.C. §§ 1801-1872. Brock v. Elsberry, 663 F.Supp. 359 (M.D.Fla.1987). Appellants raise two primary arguments...

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