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FRULLA v. CRA HOLDINGS, INC.

No. 06-14626.

543 F.3d 1247 (2008)

Robert FRULLA, on behalf of himself and as Representative of a Class of persons similarly situated, Plaintiff-Appellant, v. CRA HOLDINGS, INC., f.k.a. International Controls Corp., CRA Holding, Inc. Employee Welfare Benefit Plan, f.k.a. International Controls Corp. Group Health Insurance Plan, John Doe 1-10, as Plan Administrators and/or Fiduciaries of the CRA Holding, Inc. Employee Welfare Benefit Plan, Lake Resources, Inc., Lake Resources, Inc., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 30, 2008.

Attorney(s) appearing for the Case

Gary F. Kotaska, Phillips, Lytle LLP, Buffalo, NY, for plaintiff-Appellant.

Brian S. Dervishi, John R. Borgo, Weissman, Dervishi, Borgo & Nordlund, P.A., Miami, FL, Linda K. Shore, Mayer Brown LLP, Washington, DC, for defendants-appellees.

Before BIRCH and FAY, Circuit Judges, and DUFFEY, District Judge.

BIRCH, Circuit Judge:

In this case we must decide whether a consent decree ("the Agreed Judgment") obligating the Appellee CRA Holdings, Inc. ("CRA") to provide to the retirees of a predecessor corporation lifetime health care coverage under an insurance plan precludes the imposition of a contribution requirement. The district court denied Appellant Frulla's request for a declaratory judgment that the contribution requirement violates the Agreed Judgment. We REVERSE...

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