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ERNST v. ROBERTS

No. 02-2287.

379 F.3d 373 (2004)

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. Douglas B. ROBERTS, 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; Roy Pentilla, Member, Michigan Judges Retirement Board; Eric E. Doster, Member, Michigan Judges Retirement Board; Lyle Van Houten, Member, Michigan Judges Retirement Board; and Robert Ransom, Member, Michigan Judges Retirement Board, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 12, 2004.

Attorney(s) appearing for the Case

Kenneth A. Flaska (argued and briefed), Chester E. Kasiborski, Jr. (briefed), Kasiborski, Ronayne & Flaska, Detroit, MI, for Plaintiffs-Appellants.

Lori M. Silsbury (briefed), Wendell A. Wilk (argued and briefed), Dykema Gossett, Lansing, MI, David L. Balas, Asst. Atty. Gen., Office of Attorney General, Lansing, MI, Larry F. Brya (briefed), Asst. Atty. Gen., Office of Attorney General Economic Development & Retirement Div., Lansing, MI, for Defendants-Appellees.

Before SUHRHEINRICH and CLAY, Circuit Judges; GWIN, District Judge.

CLAY, J., delivered the opinion of the court, in which GWIN, D.J., joined. SUHRHEINRICH, J. (pp. 394-405), delivered a separate dissenting opinion.

OPINION

CLAY, Circuit Judge.

Plaintiffs, J. Richard Ernst, William T. Ervin, James E. Wilson, and John Patrick O'Brien, appeal from the order issued by the United States District Court for the Eastern District of Michigan, entered on September 30, 2002, granting the motion to dismiss of Defendants (Treasurer...

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