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ERNST v. RISING

No. 02-2287.

427 F.3d 351 (2005)

J. Richard ERNST, William T. Ervin, James E. Wilson, and John Patrick O'Brien, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. Jay B. RISING, Treasurer of the State of Michigan; Christopher M. DeRose, Director, Department of Management and Budget Office of Retirement Systems; George M. Elworth, Member, Michigan Judges Retirement Board; Mark Haas, Member, Michigan Judges Retirement Board; Alton Davis, Member, Michigan Judges Retirement Board; Francis Spaniola, Member, Michigan Judges Retirement Board; and Chris J. Swope, Member, Michigan Judges Retirement Board, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 26, 2005.

Attorney(s) appearing for the Case

ARGUED: Kenneth A. Flaska, Dawda, Mann, Mulcahy & Sadler, Bloomfield Hills, Michigan, for Appellants. Larry F. Brya, Office of the Attorney General, Lansing, Michigan, for Appellees. ON BRIEF: Chester E. Kasiborski, Jr., Bernardi, Ronayne & Glusac, Detroit, Michigan, for Appellants. Larry F. Brya, Office of the Attorney General, Lansing, Michigan, for Appellees.

Before: BOGGS, Chief Judge; MARTIN, SUHRHEINRICH, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, GILMAN, GIBBONS, ROGERS, SUTTON, and COOK, Circuit Judges.

SUTTON, J., delivered the opinion of the court, in which BOGGS, C.J., SUHRHEINRICH, BATCHELDER, GILMAN, GIBBONS, and COOK, JJ., joined and in which ROGERS, J., joined as to Parts I-III and V, and dissented from Part IV.

CLAY, J., (pp. 373-81), delivered a separate dissenting opinion, in which MARTIN, DAUGHTREY, MOORE, and COLE, JJ., joined and in which ROGERS, J., joined as to Part II only.

OPINION

SUTTON, Circuit Judge.

Four state-court...

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