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ADMINISTAFF COMPANIES, INC. v. NEW YORK JOINT BD.

No. 02-21259.

337 F.3d 454 (2003)

ADMINISTAFF COMPANIES, INC., Plaintiff-Counter Defendant-Appellee, v. NEW YORK JOINT BOARD, SHIRT & LEISUREWEAR DIVISION, Union of Needletrades, Industrial and Textile Employees "UNITE", AFL-CIO, CLC, etc.; et al., Defendants, New York Joint Board, Shirt & Leisurewear Division, Union of Needletrades, Industrial and Textile Employees "UNITE", AFL-CIO, CLC, as representative of its members who were employees of TheCustomShop.com Inc. and all other similarly-situated former employees of TheCustomShop.com Inc., whether or not members of the Union, Defendant-Counter Claimant-Appellant, v. Rodney Tow, in his capacity as the Chapter 7 Trustee for the Chapter 7 Bankruptcy Estate of TheCustomShop.com Inc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 1, 2003.

Attorney(s) appearing for the Case

Jeffrey E.T. Bohm (argued), David Bruce Young, McGinnis, Lochridge & Kilgore, Austin, TX, for Administaff Companies Inc.

Ira Cure (argued), New York City, Hal K. Gillespie, Gillespie, Rozen & Watsky, Dallas, TX, Julie Hope Hurwitz, NLG/Maurice & Jane Sugar Law Center for Social & Economic Justice, Detroit, MI, for Defendant-Counter Claimant-Appellant.

Kent Geoffrey Rutter (argued), Haynes & Boone, Houston, TX, for Tow.

Mark P. Fancher, NLG/Maurice & Jane Sugar Law Center for Social & Economic Justice, Detroit, MI, for Maurice & Jane Sugar Law Center for Economic & Social Justice, Amicus Curiae.

Before JONES and CLEMENT, Circuit Judges, and FELDMAN, District Judge.

EDITH H. JONES, Circuit Judge:

The district court granted Administaff Companies, Inc. (Administaff) summary judgment, concluding that it was not liable for violations of the Worker Adjustment and Retraining Notification Act (WARN Act), 29 U.S.C. § 2101 et seq. We affirm.

I. BACKGROUND

Administaff provides personnel management, payroll, and administrative services for other businesses, essentially operating...

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