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MARCATANTE v. CITY OF CHICAGO

Nos. 10-2114, 10-2243, 10-2814, 10-2921.

657 F.3d 433 (2011)

John MARCATANTE, et al., Plaintiffs-Appellees, v. CITY OF CHICAGO, ILLINOIS, a municipal corporation, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 24, 2011.

Rehearing Denied October 18, 2011.

Attorney(s) appearing for the Case

Robert R. Cohen (argued), Attorney, Frankel & Cohen, Thomas H. Geoghegan , Attorney, Despres, Schwartz & Geoghegan, Chicago, IL, for Plaintiffs-Appellees.

Mara S. Georges , Attorney, Office of the Corporation Counsel, Appeals Division, Suzanne M. Loose, Attorney , City of Chicago Law Department, Chicago, IL, for Defendant-Appellant in Nos. 10-2114, 10-2921.

Valerie Depies Harper , Attorney, Office of the Corporation Counsel, Appeals Division, Suzanne M. Loose (argued), Attorney, City of Chicago Law Department, Chicago, IL, for Defendant-Appellant in No. 10-2814.

Suzanne M. Loose , Attorney, City of Chicago Law Department, Chicago, IL, for Defendant-Appellant in No. 10-2243.

Before POSNER, KANNE, and TINDER, Circuit Judges.

TINDER, Circuit Judge.

The plaintiffs are retired City of Chicago employees who were members of several trade unions. They were offered incentives to retire early under an Early Retirement Incentive Program (ERIP) and did so in early 2004 while their unions were still negotiating new Collective Bargaining Agreements (CBAs) for the 2003-2007 period. During the negotiation process, the 1999-2003 CBAs governed the parties' relationships. In 2005, after two years of negotiations...

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