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BROWN v. CASSENS TRANSPORT CO.

No. 10-2334.

675 F.3d 946 (2012)

Paul BROWN, William Fanaly, Charles Thomas, Gary Riggs, Robert Orlikowski, Scott Way, Plaintiffs-Appellants, v. CASSENS TRANSPORT COMPANY, Crawford & Company, Saul Margules, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 6, 2012.

Attorney(s) appearing for the Case

ARGUED: Jeffrey T. Stewart , Seikaly & Stewart, P.C., Farmington Hills, Michigan, for Appellants. Janet E. Lanyon , Dean & Fulkerson, P.C., Troy, Michigan, Timothy R. Winship , The Williams Firm, P.C., Grand Blanc, Michigan, for Appellees. ON BRIEF: Jeffrey T. Stewart , Seikaly & Stewart, P.C., Farmington Hills, Michigan, Marshall Lasser , Marshall Lasser, P.C., Southfield, Michigan, for Appellants. Janet E. Lanyon , Dean & Fulkerson, P.C., Troy, Michigan, Timothy R. Winship , The Williams Firm, P.C., Grand Blanc, Michigan, Jeffrey C. Gerish , Crawford & Company, Bloomfield Hills, Michigan, for Appellees. Mark F. Horning , Steptoe & Johnson, Washington, D.C., for Amicus Curiae.

MOORE, J., delivered the opinion of the court, in which COLE, J., joined. GIBBONS, J. (pp. 969-74), delivered a separate dissenting opinion.

OPINION

KAREN NELSON MOORE, Circuit Judge.

The plaintiffs, who were allegedly injured while working for Cassens Transport Company ("Cassens"), sought worker's compensation benefits under Michigan's Worker's Disability Compensation Act, Mich. Comp. Laws § 418.301 ("WDCA"). Crawford & Company, Cassens's third-party administrator, denied each plaintiff's benefits. In response, the plaintiffs filed a complaint in the United States District Court for...

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