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BRANSON v. PRICE RIVER COAL CO.

No. 86-1467.

853 F.2d 768 (1988)

Faye F. BRANSON and Christine K. Saccomanno, Plaintiffs-Appellants, v. PRICE RIVER COAL COMPANY, an Indiana Corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 18, 1988.

Attorney(s) appearing for the Case

Jeffrey R. Oritt of Tibbals, Howell, Jones & Moxley, Salt Lake City, Utah, for plaintiffs-appellants.

James M. Elegante (David A. Anderson and W. Mark Gavre, with him on the brief) of Parsons, Behle & Latimer, Salt Lake City, Utah, for defendant-appellee.

Before McKAY, McWILLIAMS and MOORE, Circuit Judges.

JOHN P. MOORE, Circuit Judge.

Plaintiffs, Faye Branson and Christine Saccomanno, claim they were discriminatorily discharged by the defendant, Price River Coal Company, because of their age in violation of the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634 (ADEA). Mrs. Saccomanno also claims Price River did not recall her to a position that became available after her layoff because of her age.

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