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STEWART v. KHD DEUTZ OF AMERICA, CORP.

No. 92-8034.

980 F.2d 698 (1993)

Ronald STEWART; David Kirchoff; Darrell L. Howard; Louis Kubitschek; John Tuckness and Ronald Keltner, On Behalf of Themselves and Other Persons Similarly Situated, Plaintiffs-Appellants, v. KHD DEUTZ OF AMERICA, CORPORATION, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 5, 1993.

Attorney(s) appearing for the Case

Jolley, Walsh & Hager, Kansas City, Mo., James T. Langford, Jacobs & Langford, Atlanta, Ga., Jeremiah A. Collins, and Roger L. Pollak, Bredhoff & Kaiser, Washington, D.C., for plaintiffs-appellants.

Dan T. Carter, Smith, Currie & Hancock, Atlanta, Ga., Julia S. Mandala, Howard Shapiro, and Steven Russell Cupp, McCalla, Thompson, Pyburn & Ridley, New Orleans, La., for defendant-appellee.

Before KRAVITCH, Circuit Judge, GODBOLD and OAKES, Senior Circuit Judges.

GODBOLD, Senior Circuit Judge:

Appellants are retired employees of defendant KHD Deutz of America Corp. They appeal from the district court's denial of their motion for a preliminary injunction to prevent KHD Deutz from modifying their health insurance benefits. The trial court concluded that the retirees were not entitled to a preliminary injunction because the language of the collective bargaining agreement (CBA) between...

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