Baltazar Ayala; Demetrio Silva; Emilio Gonzalez,plaintiffs-appellants, v. Oceanview Produce Company, Inc., Defendant-appellee, 133 F.3d 925 (9th Cir. 1998)

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U.S. Court of Appeals for the Ninth Circuit - 133 F.3d 925 (9th Cir. 1998) Argued and submitted Nov. 6, 1996. Decided Jan. 7, 1998

Before: FLETCHER, FARRIS and TASHIMA, Circuit Judges

MEMORANDUM* 

In Marques v. Telles Ranch, Nos. 95-16402 and 95-16696, filed December 29, 1997, we held that seasonal workers who receive notice that they will not be called back to work while they are unemployed during the off-season, do not suffer an employment loss as understood under the Worker Adjustment and Retraining Notification ACT (WARN), 29 U.S.C. § 2101 et seq., until they reasonably could have expected to be called back to work. The employment loss in this case therefore occurred as of October, 1994. Since the plaintiffs received notice in July, 1994 that they would not be called back to work, they received more than the 60-day notice required under WARN.

Our opinion in Marques resolves the issues raised in this case. The district court's dismissal is therefore AFFIRMED.

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