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CHILDRESS v. DARBY LUMBER, INC.

No. 01-35764.

357 F.3d 1000 (2004)

Sharon CHILDRESS; Dwayne Springer; Mike Frisbie; Stuart Ingraham; Rick Buchanan; Scott Rotering; Phillip Cook; David Hall; Tari Conroy; Lyle Goracke; Robert Hackel; Gerald Behling; Brandon Zeiler; Ray Luchi; Randy Rennaker; Dan Wiseman, Jr.; Dan Wiseman, Sr.; Greg Holt; Steven Mossbrucker; and Dave Osborn, Plaintiffs-Appellees, v. DARBY LUMBER, INC. a Montana corporation; and Bob Russell Construction Inc. an Idaho corporation, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed February 6, 2004.

Attorney(s) appearing for the Case

Richard A. Reep and Robert T. Bell of Reep, Spoon & Gordon P.C., Missoula, MT, for the defendants/appellants.

Lon J. Dale and G. Patrick HagEstad of Milodragovich, Dale, Steinbrenner & Binney, P.C. of Missoula, MT, for the plaintiffs/appellees.

Before D.W. NELSON, THOMAS, Circuit Judges, and ILLSTON, District Judge.

OPINION

ILLSTON, District Judge:

Darby Lumber and Bob Russell Construction, Inc. appeal the district court's grant of summary judgment in favor of Sharon Childress and other former employees in their action alleging violations of the Worker Adjustment and Retraining Notification (WARN) Act, 29 U.S.C. §§ 2101-09. At issue is whether the district court erred in: 1) concluding that Darby Lumber and Bob Russell Construction constituted a single employer...

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