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WILTZ v. M/G TRANSPORT SERVICES, INC.

No. 96-5744.

128 F.3d 957 (1997)

Ferdie P. WILTZ, suing on behalf of themselves and all persons similarly situated; Michael A. Spencer, suing on behalf of themselves and all persons similarly situated, Plaintiffs-Appellants, v. M/G TRANSPORT SERVICES, INC.; Midland Company, Inc.; Ingram Ohio Barge Company, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 31, 1997.

Attorney(s) appearing for the Case

Paul B. Martins (briefed), James B. Helmer, Jr. (briefed), Frederick M. Morgan, Jr. (argued and briefed), Helmer, Lugbill, Martins & Neff, Cincinnati, OH, Meredith Lynn Lawrence (briefed), Crestview Hills, KY, for Plaintiffs-Appellants.

Stephen Sloan Eberly (argued and briefed), Vorys, Sater, Seymour & Pease, Cincinnati, Ohio, for Defendant-Appellee M/G Transport Services, Inc.

Michael R. Schmidt (briefed), Robert F. Keith, Cohen, Todd, Kite & Stanford, Cincinnati, OH, for Defendant-Appellee Midland Co., Inc.

Jack F. Fuchs, Thompson, Hine & Flory, Cincinnati, OH, S. Mark Klyza (briefed), Barclay D. Beery (argued and briefed), The Kullman Firm, New Orleans, LA, Henry L. Walker, II, Brown, Todd & Heyburn, Covington, KY, for Defendant-Appellee Ingram Ohio Barge Co.

Before: KRUPANSKY and SUHRHEINRICH, Circuit Judges, ROSEN, District Judge.

SUHRHEINRICH, Circuit Judge.

The Worker Adjustment Retraining Notification Act (WARN or the Act), 29 U.S.C. §§ 2101-2109 (West Supp.1997), which provides for sixty-days advance notice to employees and their communities of a mass layoff or plant closing, is not implicated unless fifty employees are affected at a "single site of employment." The primary question in this appeal is whether towboat-barges are separate sites such that the number of employees may...

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