Kirby v. Cyprus Amax Minerals Company

Plaintiffs Robert F. Kirby, et al. ("employees") appeal from the district courts grant of summary judgment in favor of defendant Cyprus Amax Minerals Company ("Cyprus Amax") on their claim that they were owed damages under the WARN Act. Because the parties are familiar with the facts of this case, we need only refer to those pertinent to our analysis. We review the district courts grant of summary judgment de novo, viewing the evidence in the light most favorable to the nonmoving party. See Simms v. Oklahoma ex rel. Dept of Mental Health & Substance Abuse Servs., 165 F.3d 1321, 1326 (10th Cir.1999).