Roger Demasse Maria A. Garcia Billy W. Jones Viola Munguia Greg Palmer Socorro Soza v. Itt Corporation, a Delaware Corporation Dba Itt Cannon

ORDER

RYMER, Circuit Judge:

Former employees of ITT Corporation appeal from summary judgment on their claim that ITT breached an implied-in-fact promise to conduct layoffs according to the seniority provisions of superseded employee handbooks, rather than the “merits” policy contained in a new handbook issued shortly before they were laid off. The district court assumed that the old handbooks were part of the employees’ contracts because they did not clearly disclaim contractual intent, but held in a published opinion that the seniority provisions of those handbooks could be changed by ITT and…