MEMORANDUM OPINION
GLEN M. WILLIAMS, Senior District Judge.
United Mine Workers International, District 28 ("UMW"), brings this cause of action against Harman Mining Corporation, ("Harman") under the Workers Adjustment and Retraining Notification Act, ("WARN"). 29 U.S.C.A. §§ 2101-2109 (West 1991). The matter is presently before the court on cross-motions for summary judgment. The court has jurisdiction via 29 U.S.C.A. § 2104(a)(5).
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