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VIATOR v. DELCHAMPS INC.

No. 96-30912 Summary Calendar.

109 F.3d 1124 (1997)

Robbie A. VIATOR, individually and on behalf of all persons similarly situated; Donie R. Harmon, individually and on behalf of all persons similarly situated; Pamela S. Barbry, individually and on behalf of all persons similarly situated; Richard D. Keith; Patricia Douglas; Angela Romero; Donald Fontenot; Gerald Lee; Odelia Louise Tate; Dina Lopez; Michael Joseph Trahan; Angela R. Lopez; Steven Paul Johnson; Everett Paul Marshall; Gary Chester; Kevin B. Matte; Cynthia L. Rougeau; David Lee Patton; Bradley Fontenot; Tracy Barnes; Frank Berlin; Kathleen Crich; Nancy H. Bimle, Plaintiffs-Appellants, v. DELCHAMPS INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 15, 1997.

Attorney(s) appearing for the Case

James E. Hopkins, Sulphur, LA, Robert Joseph Tete, Jones, Tete, Nolen, Hanchey, Swift, Spears & Fonti, Lake Charles, LA, for plaintiffs-appellants.

Jeffrey A. Schwartz, Audrey N. Browne, New Orleans, LA, for defendant-appellee.

Before DAVIS, EMILIO M. GARZA and STEWART, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Appellants, all previously employed by the grocery store chain Delchamps, Inc. in and around Lake Charles, Louisiana, filed the current class action lawsuit, alleging Delchamps violated the Worker's Adjustment Retraining and Notification Act ("WARN"), 29 U.S.C. §§ 2101-2109 (1994), by failing to provide them with sixty days notice prior to Delchamps' closing of its three area stores...

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