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SMITH v. ROGERS GALVANIZING CO.

No. 96-5168.

128 F.3d 1380 (1997)

Clarence Roy SMITH; Betty Smith, Plaintiffs-Appellees, v. ROGERS GALVANIZING CO., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 28, 1997.

Attorney(s) appearing for the Case

Stephen L. Andrew (D. Kevin Ikenberry with him on the brief), Stephen L. Andrew & Associates, Tulsa, OK, for appellants.

Greggory T. Colpitts (Clifford R. Magee with him on the brief), of Tulsa, OK, for appellee.

Before SEYMOUR, Chief Judge, EBEL and BRISCOE, Circuit Judges.

BRISCOE, Circuit Judge.

Plaintiffs Clarence and Betty Smith filed this action against defendant Rogers Galvanizing Company, alleging defendant violated the continuation rules of the Consolidated Omnibus Budget Reconciliation Act (COBRA), 29 U.S.C. §§ 1161-1168, by failing to give plaintiffs notice of entitlement to elect to continue their health care coverage upon Clarence Smith's termination from employment with defendant. Following a non-jury trial, the...

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