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ADAMS v. ERWIN WELLER CO.

No. 95-1584NI.

87 F.3d 269 (1996)

Leona M. ADAMS; Richard P. Boecher; William Borst; Denise Campbell; David A. Christensen; Lona Clingenpeel; Paul G. Dicks; Mary F. Girard; Mary Godbersen; Connie Godfrey; Walt R. Hansen; Christopher Hast; Steven Hayworth; William E. Ingalls; Melvin J. Johnson; Mavis Juarez; Steve Kroll; Lawrence Lacek; Joann C. Lussier; Charmalee McFarland; Darlene McKinley; Joyce Montange; Donna Ozburn; Jessie Roy; Mary A. Salisbury; David R. Shute; Darlene Stevenson; Denise Stroman; Kathy Stroman; Pam Sullivan; Joyce E. Swanson; Patricia Thompson; Georgia R. Twinn; Peggy Sue Verzani; Teresa Williams; Kellie Worden; Ken Zentz; Rose Zimmerman, Plaintiffs-Appellants, v. ERWIN WELLER COMPANY, also known as Weller Plastics Company; John F. Heinz, III; Thomas Ford, Defendants, Westinghouse Credit Corporation, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 1, 1996.

Attorney(s) appearing for the Case

William G. Deck, Sioux City, Iowa, argued for appellants.

Rodney P. Kubat, Des Moines, Iowa, argued for appellee (Jacki K. Samuelson, on the brief).

Before FAGG, HEANEY, and HANSEN, Circuit Judges.

FAGG, Circuit Judge.

In this case, we must decide whether a lender's involvement with its borrower's business affairs makes the lender an employer under the Worker Adjustment and Retraining Notification Act, 29 U.S.C. §§ 2101-2109 (1994) (WARN).

Beginning in 1988, Westinghouse Credit Corporation (WCC), a commercial lender, made a series of secured loans to the Erwin Weller Company (EWC). The loans were for the purchase of a plastic bottle manufacturing...

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