Jack REESE, Frances Elaine Pidde, James Cichanopsky, Roger Miller and George Nowlin, Plaintiffs-Appellees (11-1359), Plaintiffs-Appellees/Cross-Appellants (11-1857 & 11-1969),
Ronald Hitt, Plaintiff,
v.
CNH AMERICA LLC, fka Case Corporation and CNH Global NV, Defendants-Appellants (11-1359), Defendants-Appellants/Cross-Appellees (11-1857 & 11-1969).
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued: June 5, 2012.
Decided and Filed: September 13, 2012.
Attorney(s) appearing for the Case
ARGUED: Bobby R. Burchfield , McDermott, Will & Emery LLP, Washington, D.C., for Appellants and Appellants/Cross-Appellees. Roger J. McClow , McKnight, McClow & Canzano, P.C., Southfield, Michigan, for Appellees and Appellees/Cross-Appellants. ON BRIEF: Bobby R. Burchfield , Joshua David Rogaczewski , McDermott, Will & Emery LLP, Washington, D.C., for Appellants and Appellants/Cross-Appellees. Roger J. McClow , McKnight, McClow & Canzano, P.C., Southfield, Michigan, for Appellees and Appellees/Cross-Appellants.
SUTTON, J., delivered the opinion of the court in which GIBBONS, J., joined. DONALD, J. (pp. 686-91), delivered a separate dissenting opinion.
United States Court of Appeals, Sixth Circuit.
OPINION
SUTTON, Circuit Judge.
In litigation, as in film, sequels rarely satisfy. This case is no exception. Three years ago, we remanded this dispute to the district court for factfinding necessary to determine whether CNH America's proposed modifications to its retiree healthcare benefits are reasonable. The district court did not reach the reasonableness question and did not create a factual record that would...
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