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OVERDEVEST NURSERIES, L.P. v. WALSH

No. 20-5163.

2 F.4th 977 (2021)

OVERDEVEST NURSERIES, L.P., Appellant, v. Martin WALSH, in His Official Capacity as United States Secretary of Labor, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 25, 2021.

Attorney(s) appearing for the Case

Monte B. Lake argued the cause for appellant. With him on the briefs was Christopher J. Schulte.

Aaron S. Goldsmith , Trial Attorney, U.S. Department of Justice, argued the cause for appellees. On the brief were Jeffrey Bossert Clark , Acting Assistant Attorney General, Glenn M. Girdharry , Assistant Director, and Matthew J. Glover , Senior Counsel to the Assistant Attorney General.

Before: Srinivasan, Chief Judge, Wilkins, Circuit Judge, and Silberman, Senior Circuit Judge.

Appellant Overdevest Nurseries, L.P. ("Overdevest"), is a plant nursery based in New Jersey. Overdevest has participated in the H-2A program since 1999, which allows it to bring in qualified foreign workers on temporary visas when there is a lack of qualified U.S. workers. In 2016, the Department of Labor determined that...

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