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SMULLIN v. MITY ENTERPRISES, INC.

No. 04-3135.

420 F.3d 836 (2005)

Carles Joe SMULLIN, et al., Plaintiffs-Appellants, v. MITY ENTERPRISES, INC.; Do Group Holding, Inc., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 25, 2005.

Rehearing Denied September 29, 2005.

Attorney(s) appearing for the Case

James Edgar Nickels, argued, N. Little Rock, AR, for appellant.

Gerald F. Lutkus, argued, South Bend, IN, for appellee.

Before LOKEN, Chief Judge, BEAM and SMITH, Circuit Judges.

LOKEN, Chief Judge.

On Friday, November 8, 2002, Do Group Holding, Inc. ("Do Group"), sold the assets of its manufacturing plant in Marked Tree, Arkansas as a going concern to an unrelated buyer. The buyer interviewed the plant's sixty-eight employees over the weekend and hired forty-four. The plant opened on Monday, November 11, without a break in operations, making the same products with the same equipment in the same facility and selling those products to the same...

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