Lucila Alarcon Raoul Hernandez, on Behalf of Themselves and All Others Similarly Situated v. Keller Industries, Inc.

Good Law
27 F.3d 386·94 Daily Journal DAR 8422·1994 WL 265048·9 I.E.R. Cas. (BNA) 937·1994 U.S. App. LEXIS 14897
United States Court of Appeals for the Ninth CircuitJune 17, 199492-17045California2,661 words

Opinion

Opinion

Boochever, J.

Opinion by Judge BOOCHEVER.

Workers at Keller Industries’ lawn furniture manufacturing plant in Merced, California brought this action against Keller when the plant was closed and they were given only one day of notice of the closure. The workers claimed that the one-day notice did not satisfy the requirements of the Worker Adjustment and Retraining Notification Act. The district court, on cross-motions for sum mary judgment, granted summary judgment in favor of Keller. This appeal presents only one issue for review: Was Keller’s- brief statement of reasons for the shortened notice period adequate? We conclude that it was, and affirm.

BACKGROUND

Funding for Keller’s operations, including its outdoor aluminum lawn furniture division (“the Division”), was provided by Continental Bank, which had a lien on Keller’s assets. In 1990, after the Division lost money for several years, Keller attempted to find buyers for the Division at Continental’s insistence. It also attempted to increase its number of retail accounts to improve business. Both efforts were unsuccessful at that time.

In July of 1991, however, Keller met with a potential buyer and began negotiations for the sale of the…

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