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YOLTON v. EL PASO TENNESSEE PIPELINE CO.

Nos. 04-1182, 04-1818, 04-1821, 04-2492.

435 F.3d 571 (2006)

Gladys YOLTON, Wilbur Montgomery, Elsie Teas, Robert Betker, Edward Maynard, and Gary Halsted, on behalf of themselves and a similarly situated class, Plaintiffs-Appellees, v. EL PASO TENNESSEE PIPELINE CO., Defendant-Appellant (04-1821/2492), Case Corporation, now known as CNH America, LLC, Defendant-Appellant (04-1182/1818).

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 17, 2006.

Attorney(s) appearing for the Case

ARGUED: Bobby R. Burchfield, McDermott, Will & Emery, Washington, D.C., Stephanie J. Goldstein, Fried, Frank, Harris, Shriver & Jacobson, New York, New York, for Defendants. Roger J. McClow, Klimist, McKnight, Sale, McClow & Canzano, Southfield, Michigan, for Plaintiffs. ON BRIEF: Bobby R. Burchfield, Jason A. Levine, Douglas G. Edelschick, McDermott, Will & Emery, Washington, D.C., Stephanie J. Goldstein, Fried, Frank, Harris, Shriver & Jacobson, New York, New York, Thomas G. Kienbaum, Noel D. Massie, William B. Forrest III, Kienbaum, Opperwall, Hardy & Pelton, Birmingham, Michigan, Norman C. Ankers, Honigan, Miller, Schwartz, and Cohn, Detroit, Michigan, for Defendants. Roger J. McClow, Samuel C. McKnight, Klimist, McKnight, Sale, McClow & Canzano, Southfield, Michigan, for Plaintiffs.

Before: MARTIN, COLE, and GILMAN, Circuit Judges.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

The plaintiffs in these four consolidated appeals are retirees or surviving spouses of the J.I. Case Company or the Case Corporation, and they seek fully funded lifetime retiree health care benefits from the defendants. The district court found that the plaintiffs demonstrated a likelihood of success on the merits and entered a preliminary injunction requiring the continued payment of the health care benefits...

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