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DONALDSON v. U.S. DEPT. OF LABOR

No. 88-2920.

930 F.2d 339 (1991)

Lucius DONALDSON; George G. Melbourne; the Farmworker Rights Organization; Nelson Felix, Plaintiffs-Appellants, and Philama Jean Dore; Saintane Dore, on behalf of themselves and all others similarly situated, Plaintiffs, v. UNITED STATES DEPARTMENT OF LABOR; William E. Brock, Secretary, United States Department of Labor; William Haltigan, Regional Administrator, Region III Employment and Training Administration, U.S. Department of Labor; U.S. Immigration & Naturalization Service; Kent Barley; Stanley Bauserman; Robert S. Boyd; Harvey L. Brumback; Drilake Farms, Inc.; Fruit Hill Orchard; Glaize Virginia Orchards; W.R. Kiser; Marker-Miller Orchards; Kenneth McDonald; Roy McDonald; Orchard Management Company; Harold G. Nichols; R & T Packing; C.L. Robinson Corp.; Reb & Co.; Rinker Orchards, Inc.; D.K. Russell & Sons, Inc.; Senseny South Corporation; Bruce Swing; Timber Ridge Fruit Farm; Westwood Farm, Inc.; Robert Wyatt; Triple S. Associates; White Hall Orchards; Hearty-Virginia, Inc.; Fredrickson, Inc.; H.F. & T. Byrd, Inc.; Mt. Clifton Fruit Co.; John D. Wood; Darrell Worley; Ewers Orchards; Roland Snapp; Whitham Orchards, Inc.; Donald J. Kulick, Administrator for Regional Management, Defendants-Appellees, and Long Creek Farm; G. Hardy Grim, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided April 3, 1991.

As Amended May 6, 1991.

Attorney(s) appearing for the Case

Garry G. Geffert, West Virginia Legal Services Plan, Inc., argued, Martinsburg, W. Va. (Shelly Davis, Edward J. Tuddenham, Migrant Legal Action Program, Inc., Washington, D.C., on the brief), for plaintiffs-appellants.

Christopher Alan Weals, Seyfarth, Shaw, Fairweather & Geraldson, argued, Washington, D.C. (Thomas E. Wilson, Seyfarth, Shaw, Fairweather & Geraldson, Washington, D.C., W.A. Johnston, Ronald J. Brown, Harrison & Johnston, Winchester, Va., on the brief), for defendants-appellees.

Before WIDENER and PHILLIPS, Circuit Judges, and McMILLAN, Senior United States District Judge for the Western District of North Carolina, sitting by designation.

PHILLIPS, Circuit Judge:

This is an appeal by a class of farmworkers (workers) from the district court's dismissal by summary judgment of their class action against Virginia and West Virginia apple growers (growers). The workers' claim is that wages paid them during the 1986 harvest season were less than those required by applicable federal law, thereby entitling them to injunctive and monetary relief. The district court granted the growers' motion for summary judgment...

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