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McCARTHY v. DUN & BRADSTREET CORP.

Docket No. 05-3828-cv.

482 F.3d 184 (2007)

Mary McCARTHY, Clayton Borowski, on behalf of others similarly situated, and individually, Gail Adams, Donald Bakert, RoseMarie Black, Albin Blom, Mike Blount, William Brady, Donna Cochran, Steve Crowther, Michael Coughlin, Delia Coy, Paul Crowe, Cary Elbaum, Lisa Farnsworth, Jack Finley, James Gabrys, Gregory Gopodarek, Laura Gue, James Hadley, Gerald Hillard, Carl Langbein, Thomas Majka, Frederick Markt, Doris Megesi, Steve Miholics, Marleen Miller, Lewis Moore Jr., Philip Moscato, Brian Neary, Karl Nicosia, Barry O'Neill, Roger Ruggieri, Philip Salamone, Robert Short Jr., Ruth Stewart, Charles Szymanski, Billie Thomas, Frank Tricoli, Bill Tuohy, Jerry Vincent, Walter Waitz, Mark Weiss, Donald Wickersham, John Zimmer and Debbie K. Lubonski, Exec. of the Est. of Katherine J. Lubonski, Plaintiffs-Appellants, v. The DUN & BRADSTREET CORPORATION, The Dun & Bradstreet Corporation Retirement Account, and The Dun & Bradstreet Career Transition Plan, Defendants-Appellees, Aldo Camerin, Terri Carpenter, Denise Cyphers and Katherine Lubonski, Plaintiffs.

United States Court of Appeals, Second Circuit.

Decided March 29, 2007.

Attorney(s) appearing for the Case

Thomas G. Moukawsher, Esq. Moukawsher & Walsh, LLC, Hartford, CT, for Plaintiffs-Appellants.

Patrick W. Shea, Esq., Paul, Hastings, Janofsky & Walker LLP, Christine Button, of counsel, Stamford, CT, for Defendants-Appellees.

Before KEARSE and SACK, Circuit Judges, and STANCEU, Judge.

STANCEU, Judge.

Plaintiffs-appellants are former employees of the Dun & Bradstreet Corporation ("Dun & Bradstreet") who were terminated from the company when Dun & Bradstreet sold its "Receivables Management Services" operations, conducted in the United States, Canada, and Hong Kong, on April 30, 2001. Upon the sale, plaintiffs-appellants became employees of a new corporation, "Dun & Bradstreet Receivables Management Services," which resulted from...

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