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THOMPSON v. WEYERHAEUSER CO.

No. 07-7090.

582 F.3d 1125 (2009)

Larry THOMPSON; Joel White; Linda Slabaugh; Susan Rogers; Ed Risenhoover; Joe Privette; James Little; Alan Lewis; Darrell Kelley; Ford Hendershot; Stan Harris; Harold Griffin; Alan Gebert; Tony Fennell; William Cooper; Gerald Adams; Robert Timmer; and Ted Kruchowski, Plaintiffs-Appellees, v. The WEYERHAEUSER COMPANY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 26, 2009.

Attorney(s) appearing for the Case

Kristen L. Brightmire, Eldridge Cooper Steichen & Leach, PLLC, (William S. Leach and Michael F. Smith with her on the briefs), Tulsa, OK, for the Defendant-Appellant.

J. Vince Hightower, Tulsa, OK (Jim T. Priest, Whitten, Burrage, Priest, Fulmer, Anderson & Eisel, Oklahoma City, OK, with him on the brief), for the Plaintiffs-Appellees.

Before HENRY, Chief Judge, and MURPHY and TYMKOVICH, Circuit Judges.

HENRY, Chief Judge.

After losing their jobs at the Weyerhaeuser Company's Valliant, Oklahoma containerboard plant as part of a reduction in force, the plaintiffs filed this wrongful termination action against Weyerhaeuser, alleging violations of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-34, and state law. In pretrial briefing, the plaintiffs requested that the court apply the pattern-or-practice framework adopted by the Supreme Court...

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