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BITTINGER v. TECUMSEH PRODUCTS COMPANY

Nos. 96-1231, 96-1233, 96-1234 and 96-1260.

123 F.3d 877 (1997)

Charles BITTINGER, Individually and as a Representative of those Similarly Situated, a Class, Plaintiff-Appellant/Cross-Appellee, v. TECUMSEH PRODUCTS COMPANY; Tecumseh Division Group Insurance Plan for Retirees, Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided August 14, 1997.

Rehearing and Suggestion for Rehearing Denied October 21, 1997.

Attorney(s) appearing for the Case

Ann Curry Thompson (argued and briefed), Kelman, Loria, Downing, Schneider & Simpson, Detroit, MI, for Plaintiff-Appellant/Cross-Appellee.

Diane M. Soubly (argued and briefed), Vercruysse, Metz & Murray, Bingham Farms, MI, for Defendants-Appellees/Cross-Appellants.

Before: MERRITT, RYAN, and GIBSON, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied October 21, 1997.*

MERRITT, J., delivered the opinion of the court, in which GIBSON, J., joined. RYAN, J. (pp. 885-90), delivered a separate dissenting opinion.

MERRITT, Circuit Judge.

SUMMARY

In this ERISA and Labor-Management Relations Act class action, the plaintiff class, made up of former hourly workers at the...

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