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BAKER v. IBP, INC.

No. 02-3967, 02-4065.

357 F.3d 685 (2004)

Deborah BAKER and Richard Enyeart, Plaintiffs-Appellants, Cross-Appellees, v. IBP, INC., Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 4, 2004.

Attorney(s) appearing for the Case

Howard William Foster (argued), Johnson & Bell, Chicago, IL, for Plaintiffs-Appellants.

David B. Johnson (argued), Eric S. Mattson and Emily A. Mily, Sidley, Austin, Brown & Wood, Chicago, IL, for Defendant-Appellee.

Before FLAUM, Chief Judge, and EASTERBROOK and RIPPLE, Circuit Judges.

EASTERBROOK, Circuit Judge.

Plaintiffs want to represent all persons, authorized to work in the United States, who have been or are now employed at IBP's meat-processing plant in Joslin, Illinois. They appeal from the district court's decision that their claim should have been submitted to the National Labor Relations Board rather than a court. Despite Fed. R.Civ.P. 23(c)(1) ("As soon as practicable after the commencement of an action brought as a class action, the...

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