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DEAN v. PILGRIM'S PRIDE CORP.

No. 04-1054.

395 F.3d 471 (2005)

Gloria DEAN; Eunice Aldridge; Richard F. Aldridge; Dorothy Cook; Dwight Cook; Carolyn Sue Delaney; Debra Dove; James Dove; Carolyn Durst; Jo Ann Killmon; Charles Killmon; Sharena Montaigne; Doug Montaigne; Deborah Redman; Carolyn Ridenour; Irvin Ridenour; Melissa Robin; Phyllis Stewart; Charles Stewart; Rose Wolf; Carolyn Talghader, Plaintiffs-Appellants, v. PILGRIM'S PRIDE CORPORATION; Gilmer Industries, Incorporated, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: January 26, 2005.

Attorney(s) appearing for the Case

ARGUED: Michael Gene Hoehn, Falls Church, Virginia, for Appellants. Daniel Leroy Fitch, Wharton, Aldhizer & Weaver, Harrisonburg, Virginia, for Appellees. ON BRIEF: Thomas E. Ullrich, Wharton, Aldhizer & Weaver, Harrisonburg, Virginia, for Appellee Pilgrim's Pride Corporation; James H. Revere, III, Kalbaugh, Pfund & Messersmith, Richmond, Virginia, for Appellee Gilmer Industries, Inc.

Before WIDENER and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by published opinion. Judge GREGORY wrote the opinion, in which Judge WIDENER and Senior Judge HAMILTON joined.

OPINION

GREGORY, Circuit Judge:

This case finds its origins in a personal injury suit brought in federal district court in the Western District of Virginia by individuals working at Pilgrim's Pride Corporation ("Pilgrims Pride"), owner of a poultry processing plant located in Moorefield, West Virginia. Approximately one year after...

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