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ARTIS v. HITACHI ZOSEN CLEARING, INC.

Nos. 90-3281, 90-3282 and 90-3369.

967 F.2d 1132 (1992)

Luther ARTIS, Plaintiff-Appellee, Cross-Appellant, v. HITACHI ZOSEN CLEARING, INCORPORATED, et al., Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 9, 1992.

As Amended on Denial of Rehearing and Rehearing August 18, 1992.

Attorney(s) appearing for the Case

James R. Potter, Londrigan, Potter & Randle, Springfield, Ill., Joanne Kinoy (argued) and Miriam N. Geraghty, Kinoy, Taren, Geraghty & Potter, Chicago, Ill., for Luther Artis.

Thomas J. Piskorski, Elise A. Elconin, Marian C. Haney (argued), Seyfarth, Shaw, Fairweather & Geraldson, and William A. Widmer, III, Carmell, Charone, Widmer, Mathews & Moss, Chicago, Ill., for Hitachi Zosen Clearing, Inc.

Max G. Brittain, Jr. and John J. Murphy, Jr., Kovar, Nelson, Brittain, Sledz & Morris, Chicago, Ill., for U.S. Industry, Inc.

Before CUDAHY and MANION, Circuit Judges, and REYNOLDS, Senior District Judge.

As Amended on Denial of Rehearing and Rehearing En Banc August 18, 1992.

CUDAHY, Circuit Judge.

Luther Artis is a journeyman engine lathe operator. In 1982 U.S. Industries laid him off from his job in its Clearing division, as it had several times before during Artis' approximately 24 years with the company. As the most senior lathe operator on layoff, Artis expected to be the first to be recalled when work picked up. In 1984, however, he discovered that other...

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