Donovan v. Heringer Ranches, Inc.

650 F.2d 1152 92 Lab.Cas. P 34,051 Raymond J. DONOVAN * , Secretary of Labor, United States Department of Labor, Plaintiff/Appellant, v. HERINGER RANCHES, INC., a corporation, Lester S. Heringer, and Marcial Fernandez, Defendants/Appellees. No. 79-4377. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 6, 1981. Decided July 17, 1981. Paul E. Myerson, Washington, D. C., for plaintiff-appellant. Samuel D. Hinkle, IV, San Francisco, Cal., for defendants-appellees. Appeal from the United States District Court for the Eastern District of California. Before SNEED and SCHROEDER, Circuit Judges, and SOLOMON ** , District Judge. SCHROEDER, Circuit Judge: 1 This is an action by the Secretary of Labor to enjoin alleged violations of the Farm Labor Contractor Registration Act of 1963, 7 U.S.C. §§ 2041 et seq. The issue is whether two full-time employees of a family farming corporation who hire seasonal labor as part of their duties for the corporation, are required to be registered as farm labor contractors. 2 The district court in an opinion reported at 466 F.Supp. 285 granted summary judgment for the defendants and held that the individuals were exempt on…