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NORTH CAROLINA GROWERS' ASS'N, INC. v. SOLIS

No. 1:09CV411.

644 F.Supp.2d 664 (2009)

NORTH CAROLINA GROWERS' ASSOCIATION, INC., National Christmas Tree Association, Florida Fruit and Vegetable Association, Inc., Virginia Agricultural Growers Association, Inc., Snake River Farmers Association, National Council of Agricultural Employers, North Carolina Christmas Tree Association, North Carolina Pickle Producers Association, Florida Citrus Mutual, North Carolina Agribusiness Council, Maine Forest Products Council, Alta Citrus, LLC, Everglades Harvesting and Hauling, Inc., Desoto Fruit and Harvesting, Inc., Forest Resources Association, Titan Peach Farms, Inc., H-2A USA, Inc., and Overlook Harvesting Company, LLC, Plaintiffs, v. Hilda L. SOLIS, in her official capacity as United States Secretary of Labor, United States Department of Labor, Janet Napolitano, in her official capacity as United States Secretary of Homeland Security, and United States Department of Homeland Security, Defendants.

United States District Court, M.D. North Carolina.

As Amended July 1, 2009.

Attorney(s) appearing for the Case

William Randolph Loftis, Jr., Constangy Brooks & Smith, LLC, Winston-Salem, NC, for Plaintiffs.

MEMORANDUM OPINION AND ORDER

OSTEEN, JR., District Judge.

Before the court is Plaintiffs' Motion for Preliminary Injunction. (Doc. 2.) Plaintiffs seek to preliminarily enjoin Defendants from temporarily substituting a regulation that governs the short-term employment of nonimmigrant agricultural workers. (Id.) Plaintiffs allege that the Department of Labor ("DOL") "suspended" a rule and (re)imposed a new rule without following the requisite...

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