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SIMMONS v. DIAMOND SHAMROCK CORP.

No. 87-1460.

844 F.2d 517 (1988)

Clyde SIMMONS and Lloyd Cole, Appellants, v. DIAMOND SHAMROCK CORPORATION, a/k/a Diamond Shamrock Chemicals Company, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 12, 1988.

Rehearing and Rehearing Denied June 9, 1988.

Attorney(s) appearing for the Case

David O. Danis, St. Louis, Mo., for appellants.

Brett A. Ringle, Stanley Weiner, John J. Marek, II, David H. Pace, Jones, Day, Reavis & Pogue, Dallas, Tex., Bradley S. Hiles and Richard J. Pautler, Peper, Martin, Jensen, Maichel and Hetlage, St. Louis, Mo., for appellee.

Before JOHN R. GIBSON, Circuit Judge, BRIGHT, Senior Circuit Judge, and MAGILL, Circuit Judge.

Rehearing and Rehearing En Banc Denied June 9, 1988.

BRIGHT, Senior Circuit Judge.

Plaintiffs, former employees of the Vitex American Division (Vitex) of Diamond Shamrock Chemicals Company (Diamond Shamrock) brought this class action to recover separation pay allegedly due upon Diamond Shamrock's sale of Vitex to Mallinckrodt, Inc. (Mallinckrodt) (plaintiffs will hereinafter be referred to as Employees). The district court below, 658 F.Supp...

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