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BERRY v. GENERAL MOTORS CORP.

No. 94-3000.

56 F.3d 1233 (1995)

James A. BERRY, Michael Carter, Consolacion D. Didonna, Richard L. Dold, Eugene Gold, Lloyd Rex Hendrix, Linda Howell, Bernard Hurt, Robert King, William G. Leavitt, Richard L. McCauley, Harold Scott, George Simpson, Terry Sulzberger, Ronald W. Walsh and Robert Worthley, Plaintiffs-Appellants, v. GENERAL MOTORS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied June 28, 1995.

Attorney(s) appearing for the Case

Dennis E. Egan (Mark A. Buchanan, with him on the briefs), of The Popham Law Firm, P.C., Kansas City, MO, for plaintiffs-appellants.

Rosalee M. McNamara (John J. Yates, with her on the brief), of Gage & Tucker, Kansas City, MO, for defendant-appellee.

Before SEYMOUR, Chief Judge, SETH, Circuit Judge, and KANE, District Judge.

SETH, Circuit Judge.

The Appellants filed this suit against General Motors as salaried non-union employees after they were not selected for positions at a new plant. The Appellants were experienced employees of GM and had held responsible supervisory positions for an extended time. They assert that seniority should have controlled the selection, and that seniority rights were derived from an implied contract of employment...

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