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DEMASSE v. ITT CORP.

No. CV-97-0177-CQ.

984 P.2d 1138 (1999)

194 Ariz. 501

Roger DEMASSE; Maria A. Garcia; Billy W. Jones; Viola Munguia; Greg Palmer; Socorro Soza, Plaintiffs-Appellants. v. ITT CORPORATION, a Delaware Corporation dba ITT Cannon, Defendant-Appellee.

Supreme Court of Arizona, En Banc.

May 25, 1999.

Attorney(s) appearing for the Case

Jack Levine, Phoenix, Attorney for Plaintiffs-Appellants.

Bryan Cave L.L.P. By: John Alan Doran, Teresa D. Forst, Sherin S. Vitro, Merritt L. Bingham, Phoenix, Attorneys for Defendant-Appellee.

Ryley, Carlock & Applewhite By: Michael D. Moberly, Phoenix, Attorneys for Amicus Curiae Phelps Dodge Corporation.

Quarles & Brady By: Jon E. Pettibone, Phoenix, Attorneys for Amicus Curiae Cyprus Climax Metals Company.

David C. Larkin, P.C. By: David C. Larkin, Tempe, Attorney for Amici Curiae Sharon Dick, Dianne Aragon, and Elizabeth Prior.

The Langerman Law Offices By: Amy G. Langerman, Richard W. Langerman, Phoenix, Attorneys for Amicus Curiae Arizona Employment Lawyers Association.

OPINION

FELDMAN, Justice.

¶ 1 The United States Court of Appeals for the Ninth Circuit certified to us two questions of Arizona law. We have jurisdiction pursuant to article VI, § 5(6) of the Arizona Constitution, A.R.S. § 12-1861, and Rule 27, Arizona Rules of the Supreme Court.

¶ 2 The certified questions are:

1. Once a policy that an employee will not be laid off ahead of less senior employees becomes part of the employment...

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