MAINE STATE BLDG., CONST. TRADES v. U.S. LABOR

No. 03-2040.

359 F.3d 14 (2004)

MAINE STATE BUILDING AND CONSTRUCTION TRADES COUNCIL, AFL-CIO; Building and Construction Trades Department, Afl-Cio, Plaintiffs, Appellants, v. UNITED STATES DEPARTMENT OF LABOR; Elaine L. Chao, in her official capacity as Secretary of Labor; United States Attorney General; United States Department of Justice; Commissioner, Immigration and Naturalization Service, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 23, 2004.


Attorney(s) appearing for the Case

Terry R. Yellig, with whom Sherman, Dunn, Leifer & Yellig, P.C., was on brief for appellants.

Evan J. Roth, Assistant United States Attorney, with whom Paula D. Silsby, United States Attorney, was on brief for appellees.

Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and SMITH, District Judge.


SMITH, District Judge.

In this case, two construction workers' unions claim that the federal and Maine departments of labor applied an erroneous statutory standard when making the decision to approve sixty temporary work certifications for foreign workers. We assume that this allegation is true for purposes of deciding whether that one-time error may form the basis for the requested declaratory and injunctive relief.

The district court's decision sets forth...

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