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CHERRY v. AUBURN GEAR, INC.

No. 05-3682.

441 F.3d 476 (2006)

Richard CHERRY, George James, and Joseph Roop, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. AUBURN GEAR, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 17, 2006.

Attorney(s) appearing for the Case

Barry A. Macey (argued), Macey Swanson & Allman, Indianapolis, IN, for Plaintiffs-Appellants.

Kathleen M. Anderson (argued), Barnes & Thornburg, Fort Wayne, IN, for Defendant-Appellee.

Before FLAUM, Chief Judge, and ROVNER and SYKES, Circuit Judges.

FLAUM, Chief Judge.

The defendant-appellee, Auburn Gear, terminated benefits to retired employees of Auburn Gear and its predecessor Borg-Warner. The retired employees filed suit, claiming that their collectively bargained insurance agreements provided "lifetime benefits" that could not be terminated. The district court found that the language of the collectively bargained insurance agreements limited benefits to the term...

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