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DAMRON v. ROB FORK MIN. CORP.

No. 90-6367.

945 F.2d 121 (1991)

Robert L. DAMRON; Randall Burke; Leonard Fleming; Ricky D. Mullins, Plaintiffs-Appellants, v. ROB FORK MINING CORPORATION; Rob Fork Processing Corporation; Jackal Mining Company; Mine 29 Mining and Processing, Inc.; Sidewinder Mining Company; Bethlehem Steel Corporation; BethEnergy Mines, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided August 6, 1991.

Attorney(s) appearing for the Case

Sherry Brashear, Goss & Goss, Harlan, Ky. (argued and briefed), for Robert Damron, Randall Burke, Leonard Fleming and Ricky D. Mullins.

Ronald E. Meisburg, Smith, Heenan & Althen, Washington, D.C., Forrest H. Roles (briefed), Mark E. Heath (briefed), Smith, Heenan & Althen, Charleston, W. Va., for Rob Fork Mining Corp., and Rob Fork Processing Corp.

Charles J. Baird, Pikeville, Ky., for Jackal Mining Co., and Sidewinder Min. Co.

James D. Asher, Whitesburg, Ky., Bruce A. Levy, Pikeville, Ky., for Mine 29 Mining and Processing, Inc.

Joseph L. Hamilton (briefed), Stites & Harbison, Louisville, Ky., for Bethlehem Steel Corp., and BethEnergy Mines, Inc.

Before KEITH and BOGGS, Circuit Judges, and WELLFORD, Senior Circuit Judge.

WELLFORD, Senior Circuit Judge.

Plaintiffs are four former employees of defendant Mine 29 Mining and Processing, Inc. (Mine 29), who seek damages, lost wages and benefits "for themselves and all other members of the class" which they described as "employees who were employed or who had a reasonable expectancy of recall and suffered an employment loss under 29 U.S.C. § 2101(a) of the [Worker Adjustment and Retraining Notification] Act1

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