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DELK v. FORD MOTOR CO.

Nos. 94-6259, 94-6261.

96 F.3d 182 (1996)

Richard DELK and Harold Ramsey, on behalf of themselves and as representatives of the class herein defined (94-6259); Jerry Arthur, Wendell Rose, Patricia Wright and Steve Wright, on behalf of themselves and as representatives of the class herein defined (94-6261), Plaintiffs-Appellants, v. FORD MOTOR COMPANY; Ford-UAW Supplemental Unemployment Benefit Plan; International Union, United Automobile, Aerospace and Agricultural Implement Workers of America-UAW (94-6259/6261); Leland Jackson; Ronald Gettlefinger; Pat Pellilo; Medford Lee, individually and as members of defendant, Ford UAW Supplemental Unemployment Benefit Plan Local Committee; Joint Board of Administration of the Ford-UAW Supplemental Unemployment Benefit Plan (94-6261), Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided September 16, 1996.

Attorney(s) appearing for the Case

Schuyler J. Olt (argued and briefed), Pedley, Ross, Zielke & Gordinier, Louisville, KY, for Plaintiffs-Appellants in No. 94-6259.

Samuel Manly (argued and briefed), Louisville, KY, for Plaintiffs-Appellants in No. 94-6261.

Kimberly K. Greene (argued), Holly Thacker, Michael Keith Kirk, Wyatt, Tarrant & Combs, Louisville, KY, John M. Thomas, Ford Motor Company, Dearborn, MI, Edgar A. Zingman (briefed), Wyatt, Tarrant & Combs, Louisville, KY, for Defendants-Appellees Ford Motor Company, Ford-UAW Supplemental Unemployment Benefit Plan, Leland Jackson, Ronald Gettlefinger, Pat Pellilo, Medford Lee, Joint Board of Administration of Ford-UAW Supplemental Unemployment Benefit Plan.

Herbert Segal (argued and briefed), Adrienne A. Berry, Segal, Isenburg, Sales, Stewart, Cutler & Tillman, Louisville, KY, Kimberly K. Greene, Holly Thacker, Michael Keith Kirk, Wyatt, Tarrant & Combs, Louisville, KY, John M. Thomas, Ford Motor Company, Dearborn, MI, for Defendant-Appellee International Union, United Automobile, Aerospace and Agricultural Implement Workers of America-UAW.

Before: NELSON and MOORE, Circuit Judges; CLELAND, District Judge.

CLELAND, District Judge.

These two consolidated class actions challenge the administration of the Supplemental Unemployment Benefit Plan ("SUB Plan"), part of the collective bargaining agreement between Ford Motor Company and the UAW. The Appellants are or were hourly paid UAW union members employed by Ford during the late 1970s and the early 1980s, when Ford and other American automobile manufacturers were experiencing a financial crisis, in part as a result of pressure...

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