PUCKETT v. LEXINGTON-FAYETTE

No. 15-6097.

833 F.3d 590 (2016)

Tommy PUCKETT; Roger M. Vance, Jr., Plaintiffs-Appellants, v. LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT, et al.; Commonwealth of Kentucky, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 15, 2016.


Attorney(s) appearing for the Case

ARGUED: James M. Inman , Green Chesnut & Hughes, PLLC, Lexington, Kentucky, for Appellants. Keith Moorman , Frost Brown Todd, Lexington, Kentucky, for Appellee Lexington-Fayette Urban County Government, et al. Joseph A. Newberg, II , Office of the Kentucky Attorney General, Frankfort, Kentucky, for Appellee Commonwealth of Kentucky. ON BRIEF: James M. Inman , Ronald L. Green , Green Chesnut & Hughes, PLLC, Lexington, Kentucky, for Appellants. Keith Moorman , Frost Brown Todd, Lexington, Kentucky, for Appellee Lexington-Fayette Urban County Government, et al. Benjamin Long , Office of the Kentucky Attorney General, Frankfort, Kentucky, for Appellee Commonwealth of Kentucky.

CLAY, J., delivered the opinion of the court in which DAUGHTREY and STRANCH, JJ., joined. STRANCH, J. (pp. 611-12), delivered a separate concurring opinion in which DAUGHTREY, J., joined.


OPINION

Plaintiffs in this case are retired public employees who contend they have a contract with the State of Kentucky entitling them to have their base pension benefit annually adjusted by the specific cost of living adjustment ("COLA") formula in existence at the time they retired. Plaintiffs brought suit under...

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