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CITY OF PONTIAC RETIRED EMPLOYEES v. SCHIMMEL

No. 12-2087.

726 F.3d 767 (2013)

CITY OF PONTIAC RETIRED EMPLOYEES ASSOCIATION; Delmer Anderson; Thomas Hunter; Henry C. Shoemaker; Yvette Talley; Debra Woods; John Claya, Plaintiffs-Appellants, v. Louis SCHIMMEL, Individually and in his capacity as Emergency Manager of the City of Pontiac; Cathy Square, Individually and in her official capacity as the Director of Human Resources and Labor Relations for the City of Pontiac; City of Pontiac, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 9, 2013.

Attorney(s) appearing for the Case

ARGUED: Alec Scott Gibbs , Law Office of Gregory T. Gibbs, Flint, Michigan, for Appellants. Stephen J. Hitchcock , Giarmarco, Mullins & Horton, P.C., Troy, Michigan, for Appellees. ON BRIEF: Alec Scott Gibbs , Gregory Thomas Gibbs , Law Office of Gregory T. Gibbs, Flint, Michigan, for Appellants. Stephen J. Hitchcock, Giarmarco, Mullins & Horton, P.C., Troy, Michigan, for Appellees.

GWIN, D.J., delivered the opinion of the court, in which COLE, J., joined. GRIFFIN, J. (pp. 18-35), delivered a separate dissenting opinion.

OPINION

GWIN, District Judge.

Like many Michigan municipalities, the City of Pontiac has experienced significant economic difficulties, especially since the 2008 financial collapse. To address Pontiac's problems, Michigan's Governor appointed Louis Schimmel as Pontiac's emergency manager. Acting under Public Act 4, Michigan's then-existing emergency manager law, Schimmel modified the collective bargaining agreements of Pontiac's retired employees. He also...

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