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FREDERICK COUNTY FRUIT GROWERS v. MARTIN

No. 91-5069.

968 F.2d 1265 (1992)

FREDERICK COUNTY FRUIT GROWERS ASSOCIATION, INC., et al., Appellants, v. Lynn MARTIN, Secretary of Labor, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 7, 1992.

Attorney(s) appearing for the Case

Thomas E. Wilson, with whom Ronald A. Lindsay and Christopher A. Weals were on the brief, for appellants.

Edward J. Tuddenham, with whom Shelley Davis, Susan M. Sacks, and Garry G. Geffert were on the brief, for appellee Cedrick Turner, et al.

Judry L. Subar, Attorney, Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty., and Michael J. Singer, Atty., DOJ, and Harry L. Sheinfeld, Atty., Dept. of Labor, were on the brief, for federal appellees.

Before MIKVA, Chief Judge, EDWARDS, and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge D.H. GINSBURG.

D.H. GINSBURG, Circuit Judge:

Associations representing fruit growers in several eastern states filed suit, on behalf of themselves and their members, challenging the Secretary of Labor's interpretation of the regulation establishing the minimum wage for foreign agricultural (H-2) workers. A class of such workers intervened and counter-claimed for unpaid wages for the 1983 through 1985 harvests. Relying...

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