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MESA AIRLINES v. U.S.

No. 89-9552.

951 F.2d 1186 (1991)

MESA AIRLINES, a corporation, Petitioner, v. UNITED STATES of America; Department of Justice, Office of Special Counsel for Immigration Related Unfair Employment Practices, Respondents. In re Charge of Zeki Yeni KOMSU.

United States Court of Appeals, Tenth Circuit.

December 17, 1991.

Attorney(s) appearing for the Case

Gary Risley, General Counsel for Mesa Airlines, Inc., Farmington, N.M., for petitioner.

Andrew M. Strojny, Acting Sp. Counsel, and Daniel Echavarren, Acting Deputy Sp. Counsel, U.S. Dept. of Justice, Office of Sp. Counsel for Immigration Related Unfair Employment Practices, Washington, D.C., on the brief for respondent.

Before LOGAN, SEYMOUR, Circuit Judges, and SPARR, District Judge.

SEYMOUR, Circuit Judge.

On January 12, 1988, the Special Counsel for Immigration Related Unfair Employment Practices (Special Counsel) filed two complaints against Mesa Airlines, Inc. (Mesa) pursuant to the Immigration Reform and Control Act (IRCA), 8 U.S.C. § 1324b (1988). The Special Counsel charged Mesa with refusing to employ Mr. Zeki Yeni Komsu as a pilot because he was not a citizen of the United States, and with engaging in a pattern and practice of discriminatory...

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