United States Fifth Circuit

Defendant, who recruited workers exclusively for his family farm with the limited involvement of non-family third parties, falls within the family business exemption from the Migrant and Seasonal Agricultural Worker Protection Act. Plaintiffs' state law fraud claim was properly dismissed for failure to raise a fact issue as to injury.

Appellate Information

• Decided 12/09/2003
• Published 12/12/2003

Judges

• ROSENTHAL, District Judge:, Before JOLLY and WIENER, Circuit Judges, and ROSENTHAL, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Michael Holley (argued), Florida Immigrant Advocacy Ctr., Miami, FL, Douglas Leonard Stevick, Southern Migrant Legal Services, A Project of Texas Rural Legal Aid, Nashville, TN, for Plaintiffs-Appellants., Catherine K. Ruckelshaus, Nat. Emp. Law Project, New York City, for United Farm Workers Union and Comite De Apoyo A Los Trabajadores Agricolas Inc., Amici Curiae.


• For Appellees:
  
• Stephen A. Watring (argued), Dunlevey Mahan, Dayton, OH, for Defendant-Appellee.