FOSTER v. RUHRPUMPEN, INC.

No. 03-5101.

365 F.3d 1191 (2004)

Jim FOSTER; Dwight Moore; Ray O'Bryan; Roger Kilgore; Paul Jones; Keith Roberts; Maynard Castoe; Jerry Harp; Douglas Brannon; Mike Taylor; David Houston; Joel Jakubowski; Donald Boyles; Deetta Hawkins; Cecil Zornes; Benny Morrison; Matthew Kissire; Jim Miller; Pam Duncan, Special Administrator for the Estate of Dwayne Duncan; Jack McKerrell; Jerry Decker; James Hill; Vernon Harris; Johnny Bailey; John Palmer; Lawrence Blackbourn; and Danny Postrach, Plaintiffs-Appellants, v. RUHRPUMPEN, INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 30, 2004.


Attorney(s) appearing for the Case

Steven R. Hickman, Frasier, Frasier & Hickman, LLP, Tulsa, OK, for Plaintiffs-Appellants.

Randall G. Vaughn (Kevin P. Doyle and John L. Randolph, Jr., with him on the brief), Pray, Walker, Jackman, Williamson & Marlar, Tulsa, OK, for Defendant-Appellee.

Before HENRY, HOLLOWAY, and O'BRIEN, Circuit Judges.


HENRY, Circuit Judge.

Jim Foster and twenty-six other individual plaintiffs filed this action against Ruhrpumpen, Inc., alleging that Ruhrpumpen violated their rights under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-634, by failing to retain them as employees after purchasing the pump manufacturing plant at which they had worked. The district court granted summary judgment to Ruhrpumpen, holding that 1) the plaintiffs were never employed...

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