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NICHOLS v. ALCATEL USA, INC.

No. 07-40477.

532 F.3d 364 (2008)

Judy NICHOLS, Individually and on behalf of the Alcatel Network Systems Salaried Retirees Benefit Program and other persons similarly situated; Jerry Brown, Individually and on behalf of the Alcatel Network Systems Salaried Retirees Benefit Program and other persons similarly situated; Robert Braley, Individually and on behalf of the Alcatel Network Systems Salaried Retirees Benefit Program and other persons similarly situated; Erma Scott, all persons in the proposed Union Retirees class; International Union Electronic, CWA Local 86787, Individually and on behalf of the Group Insurance Plans, and others similarly situated; IUE, The International Division of Communication Workers of America, AFL-CIO, CLC (IUE-CWA), Plaintiffs-Appellants, v. ALCATEL USA, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 20, 2008.

Attorney(s) appearing for the Case

Hal K. Gillespie, Karla S. Jackson, Gillespie, Rozen, Watsky, Motley & Jones, Walt D. Roper, The Cochran Firm, Dallas, TX, Brian Paul Sanford (argued), Sheils, Winnubst, Sanford & Bethune, Richardson, TX, John B. Greer, III, Greer, McCasland & Miller, Texarkana, TX, for Plaintiffs-Appellants.

Ronald E. Manthey (argued), Ellen L. Perlioni, Morgan, Lewis & Bockius, Dallas, TX, Michael A. Pollard, Baker & McKenzie, Chicago, IL, for Defendant-Appellee.

Before JONES, Chief Judge, and BARKSDALE and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

This putative class action concerns the elimination of retirement medical benefits for workers who retired from Alcatel USA, Inc. ("AUSA") or its predecessors. The retirees in this action are divided into two groups: Salaried Retirees and Union Retirees (collectively "the Retirees"). AUSA provided the Salaried Retirees with a Salaried Retirees Benefit program and agreed to provide medical benefits to Union Retirees under collective...

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