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LOCAL JOINT EXECUTIVE BD. v. LAS VEGAS SANDS

Nos. 98-17065, 98-17322.

244 F.3d 1152 (2001)

LOCAL JOINT EXECUTIVE BOARD OF CULINARY/BARTENDER TRUST FUND; Bartenders Union, Local 165; Culinary Workers Union, Local 226; Harvey Mccoy; Ron Byford, Plaintiffs-Appellants, v. LAS VEGAS SANDS, INC., dba Sands Hotel Casino, Defendant-Appellee. Local Joint Executive Board of Culinary/Bartender Trust Fund; Bartenders Union, Local 165; Culinary Workers Union, Local 226; Harvey Mccoy; Ron Byford, Plaintiffs-Appellees, v. Las Vegas Sands, Inc., dba Sands Hotel Casino, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 11, 2001.

Attorney(s) appearing for the Case

Andrew J. Kahn, McCracken, Stemerman, Bowen & Holsberry, Las Vegas, Nevada, for the plaintiffs-appellants-cross-appellees.

David N. Frederick, Lionel, Sawyer & Collins, Las Vegas, Nevada, for the defendant-appellee-cross-appellant.

Before: Alex Kozinski, Ferdinand F. Fernandez, and William A. Fletcher, Circuit Judges.

Argued and Submitted February 14, 2000 — San Francisco, California.

WILLIAM A. FLETCHER, Circuit Judge:

Las Vegas Sands, Inc. ("Sands") violated the Worker Adjustment Retraining and Notification Act ("WARN Act" or "Act"), 29 U.S.C. §§ 2101-2109, by giving its employees 45 rather than 60 days advance notice of the closure of its hotel casino in Las Vegas. The Local Joint Executive Board of Las Vegas ("the Union") and two individual representatives...

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