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UNITED STEEL, PAPER & FORESTRY v. KELSEY-HAYES CO.

No. 13-1717.

750 F.3d 546 (2014)

UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO-CLC; Ronald D. Strait; Danny O. Stevens, Plaintiffs-Appellees, v. KELSEY-HAYES COMPANY; TRW Automotive, Inc.; TRW Automotive Holdings Corporation, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 22, 2014.

Attorney(s) appearing for the Case

ARGUED: Gregory V. Mersol , Baker & Hostetler LLP, Cleveland, Ohio, for Appellants. Stuart M. Israel , Legghio & Israel, P.C., Royal Oak, Michigan, for Appellees. ON BRIEF: Gregory V. Mersol , Gilbert Brosky , Todd A. Dawson and Jeffrey R. Vlasek , Baker & Hostetler LLP, Cleveland, Ohio, for Appellants. Stuart M. Israel , John G. Adam , Legghio & Israel, P.C., Royal Oak, Michigan, for Appellees.

GRIFFIN, J., delivered the opinion of the court, in which MERRITT, J., joined, and SUTTON, J., joined in part. MERRITT, J. (pp. 560-61), delivered a separate concurring opinion. SUTTON, J. (pp. 561-63), delivered a separate opinion concurring in part and dissenting in part.

OPINION

GRIFFIN, Circuit Judge.

This is an action under the Labor-Management Relations Act (LMRA), 29 U.S.C. § 185 et seq., and the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq. Defendants are Kelsey-Hayes Company and its parent company, TRW Automotive. Plaintiffs are a class of 400 retired union workers from the now-closed Kelsey-Hayes automobile-manufacturing...

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