Foster v. Ruhrpumpen, Inc.
Court of Appeals for the Tenth Circuit
1Opinion of the Court
HENRY, Circuit Judge.
Jim Foster and twenty-six other individual plaintiffs filed this action against Ruhrpumpen, Inc., alleging that Ruhrpum-pen violated their rights under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-634, by failing to retain them as employees after purchasing the pump manufacturing plant at which they had worked. The district court granted summary judgment to Ruhrpum-pen, holding that 1) the plaintiffs were never employed by Ruhrpumpen and therefore could not sue Ruhrpumpen for wrongful termination; 2) the plaintiffs never filed a failure to hire claim…
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