DEMASSE v. ITT CORPORATION

No. 96-15520.

111 F.3d 730 (1997)

Roger DEMASSE; Maria A. Garcia; Billy W. Jones; Viola Munguia; Greg Palmer; Socorro Soza, Plaintiffs-Appellants, v. ITT CORPORATION, a Delaware Corporation dba ITT Cannon, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 17, 1997.


Attorney(s) appearing for the Case

Jack Levine, Phoenix, AZ, for plaintiffs-appellants.

John Alan Doran, Bryan Cave, Phoenix, AZ, for defendant-appellee.

Before: BYRON R. WHITE, Associate Justice, Retired; CANBY and RYMER, Circuit Judges.


ORDER

RYMER, Circuit Judge:

Former employees of ITT Corporation appeal from summary judgment on their claim that ITT breached an implied-in-fact promise to conduct layoffs according to the seniority provisions of superseded employee handbooks, rather than the "merits" policy contained in a new handbook issued shortly before they were laid off. The district court assumed that the old handbooks were part of the employees' contracts because they did not clearly...

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