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DAYLILY FARMS, INC. v. CHAO

No. CIV.A.04-11002-GAO.

357 F.Supp.2d 356 (2005)

DAYLILY FARMS, INC., a Massachusetts Corporation; The Bagel Authority, Inc., a Massachusetts Corporation, Jerry Wiener, Joaquin Da Silva d/b/a/ M.V. Brothers Painters; and Antonio Silva d/b/a Tropical Caterers, Plaintiffs, v. Elaine L. CHAO, Secretary, United States Department of Labor; Eduardo Aguirre, Jr., Director, United States Citizenship and Immigration Services; and Alice Sweeney, Director, Division of Career Services, Massachusetts Department of Labor and Workforce Development, Defendants.

United States District Court, D. Massachusetts.

February 22, 2005.

Attorney(s) appearing for the Case

Victoria S. Cole, Mass. Attorney General, Boston, MA, for U.S. Department of Labor, et al., Defendant.

Alan R. Finer, Vineyard Haven, MA, for Daylily Farms, Inc. Massachusetts Corporation, Martha's Management, Inc., A Massachusetts Corp., The Bagel Authority, Inc., a Massachusetts Corp., Antonio Da Silva, Jerry Wiener, Joaquin Da Silva, Plaintiffs.

Anita Johnson, United States Attorney's Office, Boston, MA, for Eduardo Aguirre, Jr., Elaine L. Chao, U.S. Department of Labor, et al., Defendants.

Susan Paulson, Attorney General's Office, Boston, MA, for Alice Sweeney, Defendant.

Anthony Stanco, Attorney at Law, Vineyard Haven, MA, for Daylily Farms, Inc. Massachusetts Corporation, Martha's Management, Inc., A Massachusetts Corp., The Bagel Authority, Inc., a Massachusetts Corp., Antonio Da Silva, Jerry Wiener, Joaquin Da Silva, Plaintiffs.

MEMORANDUM AND ORDER

O'TQOLE, District Judge.

Suppose you ran a landscaping or food catering business on Martha's Vineyard. One thing you would expect would be that your business would be much more active in the summer months than in the winter, and as a consequence you would need to employ more workers in the summer to accommodate the increased business than you would need to employ in the winter. You might be able to hire the additional workers...

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