Ly-Luck Restaurant Omni Consortium Inc. v. Department of Labor, Employment and Training Administration and United States of America

Good Law
19 F.3d 27·1994 WL 59291·1994 U.S. App. LEXIS 11196
United States Court of Appeals for the Ninth CircuitFebruary 28, 199493-15953California640 words

Opinion

Opinion

19 F.3d 27 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. LY-LUCK RESTAURANT; Omni Consortium Inc., Plaintiffs-Appellants, v. DEPARTMENT OF LABOR, EMPLOYMENT AND TRAINING ADMINISTRATION; and United States of America, Defendants-Appellees. No. 93-15953. United States Court of Appeals, Ninth Circuit. Submitted Feb. 11, 1994. * Decided Feb. 28, 1994. Before: POOLE, BEEZER and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** I. OVERVIEW 2 Ly-Luck Restaurant and Omni Consortium, Inc. ("Ly-Luck" and "Omni") sought to require the United States Department of Labor ("DOL") to implement the Labor Market Information Pilot Program for Employment-Based Immigrants, 8 U.S.C. Sec. 1182 ("Pilot Program"). The district court dismissed plaintiffs' action for lack of standing. We affirm. II. DISCUSSION 3 Standing is a question of law reviewed de novo. Ellis v. City of LaMesa, 990 F.2d 1518 , 1523 (9th Cir.1993). In order to have standing "[a] plaintiff must allege personal injury fairly…

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