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KRUCHOWSKI v. WEYERHAEUSER CO.

No. 04-7118.

446 F.3d 1090 (2006)

Ted KRUCHOWSKI; Gerald Adams; William Cooper; Tony Fennell; Alan Gebert; Harold Griffin; Stan Harris; Ford Hendershot; Darrell Kelley; Alan Lewis; James Little; Joe Privette; Ed Risenhoover; Susan Rogers; Linda Slabaugh; Joel White, Plaintiffs-Appellants, v. WEYERHAEUSER COMPANY, Defendant-Appellee. Equal Employment Advisory Council; The Chamber of Commerce of the United States of America; The Williams Companies, Inc., Amici Curiae.

United States Court of Appeals, Tenth Circuit.

May 2, 2006.

Attorney(s) appearing for the Case

Submitted on the briefs: J. Vince Hightower, Tulsa, Oklahoma, for Plaintiffs-Appellants.

Kathy R. Neal, William S. Leach, Michael F. Smith, Eldridge Cooper Steichen & Leach, PLLC, Tulsa, Oklahoma, for Defendant-Appellee.

Stephen A. Bokat, Robin S. Conrad, Robert J. Costagliola, National Chamber Litigation Center, Inc., Washington, DC, for Amicus Curiae, The Chamber of Commerce of the United States of America.

Ann Elizabeth Reesman, McGuiness Norris & Williams, LLP, Washington, DC, for Amicus Curiae, Equal Employment Advisory Council.

J. Patrick Cremin, Steven A. Broussard, Marshall J. Wells, Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., Tulsa, Oklahoma, for Amicus Curiae, The Williams Companies, Inc.

Before BRISCOE, ANDERSON, and BRORBY, Circuit Judges.

BRISCOE, Circuit Judge.

Plaintiffs filed an action under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-634, against defendant, their former employer. Defendant terminated plaintiffs' employment as part of a reduction in force (RIF). Each plaintiff signed an identical Release of Claims in order to obtain a severance package in exchange for his or her waiver of the right to assert an ADEA claim against defendant. The initial issue before...

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