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NEWPAGE WISCONSIN SYSTEM v. UNITED STEEL, PAPER & FORESTRY, RUBBER, MANUFACTURING, ENERGY ALLIED INDUSTRIAL AND SER. WORKERS INTERNATIONAL UNION

No. 10-2887.

651 F.3d 775 (2011)

NEWPAGE WISCONSIN SYSTEM INC. and NPWSI Retiree Health Plan, Plaintiffs-Appellants, v. UNITED STEEL, PAPER & FORESTRY, RUBBER, MANUFACTURING, ENERGY ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO/CLC, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 12, 2011.

Attorney(s) appearing for the Case

Jack F. Fuchs (argued), Attorney, Thompson Hine, Cincinnati, OH, for Plaintiffs-Appellants.

William T. Payne (argued), Attorney, Stember Feinstein Doyle Payne, LLC, Pittsburgh, PA, for Defendants-Appellees.

Before EASTERBROOK, Chief Judge, BAUER, Circuit Judge, and YOUNG, District Judge.

EASTERBROOK, Chief Judge.

NewPage Wisconsin System Inc. operates paper mills in Wisconsin. It provides health care as a fringe benefit for current and former workers. Its Retiree Health Plan is governed by a series of collective bargaining agreements between NewPage Wisconsin and the United Steel Workers Union. (The agreements were made by predecessors of both NewPage Wisconsin and the Union, but we use the current names for simplicity.) NewPage Wisconsin recently...

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