PENA v. AMERICAN MEAT PACKING CORP.

No. 03-2396.

362 F.3d 418 (2004)

Rufino PENA, German Alvarado, Rosa Ayala, et al., Plaintiffs-Appellants, v. AMERICAN MEAT PACKING CORPORATION, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 25, 2004.


Attorney(s) appearing for the Case

Jorge Sanchez (argued), Despres, Schwartz & Geoghegan, Chicago, IL, for Plaintiff-Appellant.

Julie Gottshall (argued), Katten Muchin Zavis Rosenman, Chicago, IL, for Defendant-Appellee

Before BAUER, DIANE P. WOOD, and WILLIAMS, Circuit Judges.


BAUER, Circuit Judge.

The American Meat Packing Corporation ("AMPAC") closed its Chicago facility on November 16, 2001 without giving its 350 employees prior notice of the plant closing. The employees filed a class action suit against AMPAC for violations of the Worker Adjustment and Retraining Notification Act ("WARN Act"). At issue was whether AMPAC could have reasonably foreseen the plant shutdown so as to provide the employees prior notice. The district

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