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4 IDAHO 659 UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW OFFICE OF THE CHIEF ADMINISTRATIVE HEARING OFFICER June 30, 1994, UNITED STATES OF AMERICA, Complainant, v.
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(OSC) alleging, among other things, that defendant Predicts Foods, Inc., a subsidiary of the respondent Predicts Inc., (defendant), was liable for various types of violations of 18 §§ 1405(a)(1) and 1326(e)(1), because, among other things, Predicts Foods, Inc., through its employee and/or agents, knowingly (a) violated the provisions of §§ 1326(a)(1) and 1402(a)(1)(A), (b) failed to ensure the employment of employees or agents in compliance with the requirements and/or (c) did not retain and pay the wages to employees, (d) violated § 1302(a), (e) misclassified employees within the meaning of § 1326(a)(1) when there was good cause for the classification (or (f) otherwise failed to maintain proper records in regard to the employment of employees), and (e) was also liable for alleged violations of the Immigration Reform and Control Act (IRA). )()) 3 1324a Motion to Dismiss) BECAUSE IT IS FOUND BY THE COURT THAT THERE IS A SET OF SUBSTANCES WHICH IN THEIR NATURE INDICATE THAT THE CLAIMS FOUND BY DEPUTY AGENT FELIX WILL TAKE A NEW FORMAL SET OF TESTIMONIAL EVIDENCE INTO CONFLICT. )() 1 1324a Motion to Dismiss) NOTICE OF APPEAL As the United States Court of Appeals for the Ninth Circuit held in Predicts Foods, Inc., v. DEP't of Labor, 913 1205, 1208 (9th Cir. 1990): The court in most cases will “finally decide” the questions which arise as a result of a defendant's motion to dismiss. See also United States v. Jones, 811 967, 969 (9th Cir. 1987) (noting that, in many cases, that a defendant's motion to dismiss will “always be the final question, before judgment can be entered on a claim of non-infringement.” (citations omitted))). (See also United States v. Varela, 819 1274, 1275 (9th Cir. 1987) (citing 56(b)).

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