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BREEDLOVE v. EARTHGRAINS BAKING COMPANIES, INC.

No. 97-2057.

140 F.3d 797 (1998)

Richard BREEDLOVE, individually, and on behalf of all others similarly situated; Nadine Tanner, individually, and on behalf of all others similarly situated, Plaintiffs/Appellants, v. EARTHGRAINS BAKING COMPANIES, INC., doing business as Campbell Taggart Baking Company, Inc., Defendant/Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 9, 1998.

Attorney(s) appearing for the Case

David Lyn Fausett, Fayetteville, AR, argued, for Plaintiffs/Appellants.

Thomas Owen McCarthy, St. Louis, MO, argued (Michelle M. Cain, on the brief), for Defendant/Appellee.

Before McMILLIAN and WOLLMAN, Circuit Judges, and STEVENS, District Judge.

STEVENS, District Judge.

Plaintiffs/appellants are former employees of appellee/defendant Earthgrains Baking Companies, Inc. ("Earthgrains"). Plaintiffs brought this suit against Earthgrains pursuant to the Worker Adjustment and Retraining Notification ("WARN") Act, 29 U.S.C. § 2101 et seq. The district court2 granted Earthgrains' motion to dismiss on the ground that plaintiffs had been compensated fully under the WARN Act. See...

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