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LEE v. CYTEC INDUSTRIES, INC.

No. 05-30624.

460 F.3d 673 (2006)

David LEE; Kevin Dugas; Wayne Carbo; Cesha Johnson; Christopher Victoriano, Plaintiffs-Appellants, v. CYTEC INDUSTRIES, INC.; Paper, Allied-Industrial, Chemical and Energy Workers International Union, AFL-CIO-CIC, Local 4-447; Allied-Industrial, Chemical and Energy Workers International Union, AFL-CIO-CIC, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 11, 2006.

Attorney(s) appearing for the Case

Tracie J. Jackson, Houston, TX, for Plaintiffs-Appellants.

Benjamin Hayden Banta, Ernest R. Malone, Jr., The Kullman Firm, New Orleans, LA, for Cytec Industries Inc.

Louis L. Robein, Jr., Karen Maria Torre, Robein, Urann & Lurye, Metairie, LA, for Paper, Allied-Industrial, Chemical and Energy Workers Intern. Union, AFL-CIO-CIC, Local 4-447.

Before SMITH, GARZA and CLEMENT, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Cytec Industries ("Cytec") closed its Ammonia Unit in June 2001. Cytec and its union agreed on the re-arranging of employees after the closing based on the Collective Bargaining Agreement ("CBA") and seniority rights. In July 2001, the final bumping sheet was posted by Cytec on bulletin boards at the relevant facility. David Lee, Kevin Dugas, Wayne Carbo, Cesha Johnson, and Christopher Victoriano sued on November 12, 2003, alleging ...

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