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BURNSIDES v. MJ OPTICAL, INC.

No. 97-1097NE.

128 F.3d 700 (1997)

Linda K. BURNSIDES, suing on behalf of herself individually and on behalf of a class of similarly-situated persons; Mary M. Sorg, suing on behalf of herself individually and on behalf of a class of similarly-situated persons; Gary Vyborney, suing on behalf of himself individually and on behalf of a class of similarly-situated persons, Appellants, v. MJ OPTICAL, INC., Nebraska Corporation; Optical Illusion, Inc., Nebraska Corporation; Commercial Optical Company, Inc., Nebraska Corporation; Optical Services, Inc., Nebraska Corporation; C.O.C., Inc., Nebraska Corporation; Optical Services, Limited Partnership; Sheldon I. Rips, an Individual, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided November 10, 1997.

Rehearing Denied December 8, 1997.

Attorney(s) appearing for the Case

James F. Kasher, Omaha, NE, argued (David G. Wilwerding, Omaha, NE, on the brief), for appellees.

Patrick Joseph Barrett, Omaha, NE, argued (A. Stevenson, Bogue, NE, on the brief), for appellants.

Before FAGG, LAY and WOLLMAN, Circuit Judges.

FAGG, Circuit Judge.

After Commercial Optical Company, Inc. sold its equipment to MJ Optical, Inc., terminated its employees, and ceased operations, the former employees brought this action against MJ Optical, Commercial, Commercial's affiliated companies, and Sheldon I. Rips, Commercial's former president, director, and owner, asserting they failed to give the employees notice of employment loss in violation of the Worker Adjustment and Retraining Notification Act...

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