BARAJAS v. BERMUDEZ

No. 92-17030.

43 F.3d 1251 (1994)

Ubaldo BARAJAS, Tito Peneda Davila, Alberto Media, and Ramon Murillo, individually and on behalf of others similarly situated, Plaintiffs-Appellants, v. Elias BERMUDEZ and Dora Bermudez; Natalia Medina; Jesus Jose Bermudez, Marcos J. Flores, husband, Enriqueta Bermudez Flores, wife and Albert S. Medina; Centro de Progreso, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 23, 1994.


Attorney(s) appearing for the Case

David Alan Dick, Larry Ruhl, and Hannah E.M. Lieberman, Community Legal Services, Inc., Tolleson, AZ, for plaintiffs-appellants.

Elias Bermudez, Natalia Medina, Jesus Jose Bermudez, Centro de Progreso, pro se and for defendants-appellees.

Before: D.W. NELSON and BEEZER, Circuit Judges, and LETTS, District Judge.


Opinion by Judge D.W. NELSON; Dissent by Judge BEEZER.

D.W. NELSON, Circuit Judge:

Plaintiffs, seasonal agricultural workers, appeal the district court's dismissal of their complaint, which alleges violations of the Migrant and Seasonal Agricultural Worker Protection Act, 29 U.S.C. § 1801 et seq. ("AWPA" or "the Act"). The district court borrowed Arizona's one-year statute of limitations for liabilities created by statute and held that plaintiffs...

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