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U.S. DEPT. OF LABOR v. N.C. GROWERS ASS'N

No. 03-2380.

377 F.3d 345 (2004)

UNITED STATES DEPARTMENT OF LABOR, Plaintiff-Appellee, v. NORTH CAROLINA GROWERS ASSOCIATION, INCORPORATED; Sexton Tree Farms and Sexton Associates; Highland Fraser Firs; New River Tree Company, as joint employers, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: August 2, 2004.

Attorney(s) appearing for the Case

ARGUED: William Randolph Loftis, Jr., Constangy, Brooks & Smith, L.L.C., Winston-Salem, North Carolina, for Appellants.

Paula Wright Coleman, United States Department of Labor, Washington, D.C., for Appellee.

ON BRIEF: Robin E. Shea, Kristine M. Howard, Constangy, Brooks & Smith, L.L.C., Winston-Salem, North Carolina, for Appellants.

Howard M. Radzely, Solicitor of Labor, Steven J. Mandel, Associate Solicitor, Paul L. Frieden, for Appellate Litigation, United States Department of Labor, Washington, D.C., for Appellee.

Before WIDENER and WILLIAMS, Circuit Judges, and BEEZER, Senior Circuit Judge of the United States Court of Appeals for the Ninth Circuit, sitting by designation.

Reversed, vacated, and remanded with instructions by published opinion. Judge WILLIAMS wrote the opinion, in which Judge WIDENER and Senior Judge BEEZER joined.

OPINION

WILLIAMS, Circuit Judge:

In this case, the North Carolina Growers Association, Inc.,1 Sexton Tree Farms and Sexton Associates, Highland Fraser Firs, and New River Tree Co. (collectively the Growers) appeal the district court's ruling in favor of the United...

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