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COFFIN v. BOWATER INC.

Nos. 06-1964, 06-2101.

501 F.3d 80 (2007)

Artemis COFFIN; James Mingo; Terrence Lyon; Harold Smith; Robert Dewitt; Duane Hanscom; Joseph Gagliardi, Jr.; Trina Vaznis; Raymond MacDonald; Robert P. Healey; Barry Bryant; Lee Wheaton; George Baker; Galen Lander, Individually and as Representatives of a Class of Persons Similarly Situated, Plaintiffs-Appellants/Cross-Appellees, v. BOWATER INCORPORATED; Bowater Life Insurance Plan; Group Protection for Employees of Bowater Incorporated Great Northern Inc. Division; Bowater Incorporated Point of Service Medical Benefits Plan; Bowater Incorporated Benefit Plan, Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, First Circuit.

Decided September 7, 2007.

Attorney(s) appearing for the Case

Leon Dayan, with whom Douglas L. Greenfield, Abigail V. Carter, Diane A. Khiel and Jonathan Beal were on brief, for plaintiffs-appellants/cross-appellees.

Andrew Pincus, with whom Reginald R. Goeke, Andrew E. Tauber, Mayer, Brown, Row & Maw LLP, and Richard G. Moon were on brief, for defendants-appellees/cross-appellants.

Before TORRUELLA, Circuit Judge, TASHIMA, Senior Circuit Judge, and LIPEZ, Circuit Judge.

LIPEZ, Circuit Judge.

This case concerns the continuing liability of Bowater, Inc. for the health benefits of some of the retired workers of its subsidiary, Great Northern Paper, Inc. ("GNP"), after Bowater sold GNP to Inexcon in 1999. Bowater claims that its responsibility for these benefits terminated either at the time of GNP's sale or in 2003, when Bowater consolidated its benefit plans under an umbrella plan whose coverage did not extend to GNP retirees. A putative...

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