BENDER v. NEWELL WINDOW FURNISHINGS, INC.

No. 11-1335.

681 F.3d 253 (2012)

Willard BENDER; Don Lampe; Carolyn Connor; James Taylor; Roger Smoker; Rose Ann Rohr, individually and on behalf of themselves and all persons similarly situated, Plaintiffs-Appellees, International Union United Automobile Aerospace and Agricultural Implement Workers of America (UAW), Plaintiff, v. NEWELL WINDOW FURNISHINGS, INC., Kirsch Division; Newell Operating Company, Inc.; and The Newell Rubbermaid Health and Welfare Program 560, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 3, 2012.


Attorney(s) appearing for the Case

ARGUED: Jack F. Fuchs , Thompson Hine LLP, Cincinnati, Ohio, for Appellants. Michael L. Fayette , Pinsky, Smith, Fayette & Kennedy, LLP, Grand Rapids, Michigan, for Appellees. ON BRIEF: Jack F. Fuchs , Stephen L. Richey , Thompson Hine LLP, Cincinnati, Ohio, for Appellants. Michael L. Fayette , Pinsky, Smith, Fayette & Kennedy, LLP, Grand Rapids, Michigan, for Appellees.

Before: GUY, COLE, and ROGERS, Circuit Judges.


OPINION

RALPH B. GUY, JR., Circuit Judge.

This appeal concerns the contractual right to continued healthcare benefits for members of a certified class of retirees, their spouses, surviving spouses, and eligible dependents under § 502(a)(1)(B) of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1132(a)(1)(B), and § 301 of the Labor-Management Relations Act (LMRA), 29 U.S.C....

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