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Case Name Western Colorado Fruit Growers Association, Inc. v. F. Ray Marshall, United States Secretary of Labor, Floyd Edwards, Regional Administrator of United States Department of Labor (Region VIII), United States Immigration and Naturalization Service IM-CO-0005
Docket / Court Civ. A. 78-A-1022 ( D. Colo. )
State/Territory Colorado
Case Type(s) Immigration
Case Summary
In 1978, a voluntary association of fruit growers brought suit against the Department of Labor, the Employment and Training Administrator, and the Immigration and Naturalization Service in the United States District Court for the District of Colorado to compel them to certify a shortage of ... read more >
In 1978, a voluntary association of fruit growers brought suit against the Department of Labor, the Employment and Training Administrator, and the Immigration and Naturalization Service in the United States District Court for the District of Colorado to compel them to certify a shortage of domestic labor so that they could hire migrant labor for the fall harvest season in western Colorado fruit orchards.

Under federal labor and immigration laws, an employer could file a clearance order with the Department of Labor, offering jobs to be filled. If the Department approved the clearance order, it would assist finding domestic employees, or if there was a labor shortage, would recruit alien labor. In this case, the growers filed clearance orders for the fall 1978 harvest, but the government did not certify that there was a shortage of domestic labor. Plaintiffs then filed suit. The defendants responded by filing a counterclaim for alleged violations of a clearance order and related regulations. The defendants sought monetary damages and injunctive relief.

The District Court denied plaintiff's motion for a TRO. After the 1978 fall harvest season passed, plaintiff's claims were moot.

Plaintiff moved to dismiss the counterclaim. The District Court (Judge Arraj) granted the motion in part and dismissed all aspects of the counterclaim, except defendants request for an injunction to prohibit plaintiff from interfering with government's administration of the clearance system. That remaining claim was set for trial. Western Colorado Fruit Growers Ass'n, Inc. v. Marshall, 473 F.Supp. 693 (D. Colo. 1979).

We have no further information on this case.

Dan Dalton - 11/06/2007


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Issues and Causes of Action
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Issues
Immigration
Employer sanctions
Employment
Temporary foreign workers program
Plaintiff Type
Private Plaintiff
Causes of Action Immigration and Nationality Act (INA), 8 U.S.C. ยงยง 1101 et seq.
Defendant(s) United States Department of Labor
United States Immigration and Naturalization Service
Plaintiff Description Association of fruit growers seeking to compel Defendants to certify a shortage of domestic labor in order to obtain migrant labor for seasonal work.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing No
Additional Resources
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Case Studies Threats to the Future of the Immigration Class Action
Washington University Journal of Law and Policy
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
No docket sheet currently in the collection
General Documents
Memorandum Opinion and Order [re: Motion to Dismiss Counterclaim] 07/11/1979 (473 F.Supp. 693) (D. Colo.)
IM-CO-0005-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Arraj, Alfred Albert (D. Colo.)
IM-CO-0005-0001
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers Dolan, Joseph F. (Colorado)
IM-CO-0005-0001
Gatlin, James P. (Colorado)
IM-CO-0005-0001
McCoy, Donald R. (Colorado)
IM-CO-0005-0001
Other Lawyers None on record

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