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Case Name Shoreham Cooperative Apple Producers v. Donovan IM-VT-0001
Docket / Court Docket No. Not Available ( D. Vt. )
State/Territory Vermont
Case Type(s) Immigration
Case Summary
In 1984, a coalition of apple growers filed suit in the U.S. District Court for the District of Vermont, challenging a regulation, 20 C.F.R. § 655.207(b) (1984), adopted by the U.S. Department of Labor for the determination of annual wage rate increases for temporary foreign workers under the "H-2 ... read more >
In 1984, a coalition of apple growers filed suit in the U.S. District Court for the District of Vermont, challenging a regulation, 20 C.F.R. § 655.207(b) (1984), adopted by the U.S. Department of Labor for the determination of annual wage rate increases for temporary foreign workers under the "H-2 Program." Under the "H-2 Program," aliens were granted temporary visas to work in the United States. Workers were certified under the program upon an employer's agreement to pay both foreign and domestic employees a specially computed minimum hourly wage, called the "adverse effect rate" ("AER"). Plaintiffs alleged that the Labor Department's adoption of the regulation for calculating the AER violated the Administrative Procedure Act, 5 U.S.C. §§ 701-706 (1982),

The Labor Department moved for summary judgment, contending that adoption of the regulation was within its discretion. The District Court (Judge Albert W. Coffrin) denied the motion. The Department appealed.

The Court of Appeals for the Second Circuit, (Circuit Judge Jon O. Newman) reversed and remanded with instructions. The Appeals Court held that the regulation was not arbitrary and capricious and that the District Court erred in denying the Department's motion for summary judgment. Shoreham Co-op. Apple Producers Ass'n, Inc. v. Donovan, 764 F.2d 135 (2nd Cir. 1985).

Dan Dalton - 10/30/2007


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Issues and Causes of Action
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Issues
Immigration
Employment
Temporary foreign workers program
Plaintiff Type
Private Plaintiff
Causes of Action Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Defendant(s) U.S. Attorney General
U.S. Department of Labor
Plaintiff Description Group of apple growers in New England.
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer Unknown
Nature of Relief None
Source of Relief None
Case Closing Year 1985
Case Ongoing No
Docket(s)
No docket sheet currently in the collection
General Documents
Opinion (764 F.2d 135)
IM-VT-0001-0001.pdf | WESTLAW| LEXIS | Detail
Date: 06/13/1985
Source: Google Scholar
Judges Feinberg, Wilfred (Second Circuit, S.D.N.Y.)
IM-VT-0001-0001
Lumbard, Joseph Edward (Second Circuit)
IM-VT-0001-0001
Newman, Jon Ormond (Second Circuit, D. Conn.)
IM-VT-0001-0001
Plaintiff's Lawyers Fallon, Ellen Mercer (Vermont)
IM-VT-0001-0001
Langrock, Peter F. (Vermont)
IM-VT-0001-0001
Defendant's Lawyers Cook, George W.F. (Vermont)
IM-VT-0001-0001
Kimmel, Michael (District of Columbia)
IM-VT-0001-0001
Moore, Robert N. (Maine)
IM-VT-0001-0001
Stern, Mark B. (District of Columbia)
IM-VT-0001-0001
Tuddenham, Edward J. (New York)
IM-VT-0001-0001
Willard, Richard K. (District of Columbia)
IM-VT-0001-0001

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