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NOE v. POLYONE CORP.

No. 07-5068.

520 F.3d 548 (2008)

Julius NOE; Ray Reynolds; Anna Mae Wilder; Russell Bowman; Nancy Hood; William Duncan, Plaintiffs-Appellants, v. POLYONE CORPORATION, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 19, 2008.

Attorney(s) appearing for the Case

ARGUED: Thomas J. Schulz, Priddy, Cutler, Miller & Meade, Louisville, Kentucky, for Appellants. Jack F. Fuchs, Thompson Hine, Cincinnati, Ohio, for Appellee. ON BRIEF: Thomas J. Schulz, Alton D. Priddy, Priddy, Cutler, Miller & Meade, Louisville, Kentucky, for Appellants. Jack F. Fuchs, Eric S. Clark, Stephen L. Richey, Thompson Hine, Cincinnati, Ohio, for Appellee.

Before: SUTTON and McKEAGUE, Circuit Judges; FORESTER, District Judge.

McKEAGUE, J., delivered the opinion of the court, in which FORESTER, D.J., joined, SUTTON, J., (pp. 564-69), delivered a separate opinion concurring in part and dissenting in part.

OPINION

McKEAGUE, Circuit Judge.

This is a retiree health benefits case, in which the court is asked to determine whether the parties to various labor agreements intended for retiree health benefits to vest such that any termination...

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