CITY OF PONTIAC RETIRED EMPLOYEES v. SCHIMMEL

No. 12-2087.

751 F.3d 427 (2014)

CITY OF PONTIAC RETIRED EMPLOYEES ASSOCIATION; Delmer Anderson; Thomas Hunter; Henry C. Shoemaker; Yvette Talley; Debra Woods; John Claya, Plaintiffs-Appellants, v. Louis SCHIMMEL, Individually and in his official capacity as Emergency Manager of the City Pontiac; Cathy Square, Individually and in her official capacity as the Director of Human Resources and Labor Relations for the City Pontiac; City of Pontiac, Defendants-Appellees, Bill Schuette, Attorney General of Michigan, Intervenor-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 5, 2014.


Attorney(s) appearing for the Case

ARGUED: Alec Scott Gibbs , Law Office of Gregory T. Gibbs, Flint, Michigan, for Appellants. Stephen J. Hitchcock , Giarmarco, Mullins & Horton, P.C., Troy, Michigan, for Appellees. Aaron D. Lindstrom , Office of the Michigan Attorney General, Lansing, Michigan, for Intervenor-Appellee. ON BRIEF: Alec Scott Gibbs , Gregory T. Gibbs , Law Office of Gregory T. Gibbs, Flint, Michigan, for Appellants. Stephen J. Hitchcock , John C. Clark , John L. Miller , Giarmarco, Mullins & Horton, P.C., Troy, Michigan, for Appellees. Aaron D. Lindstrom , Heather S. Meingast , Office of the Michigan Attorney General, Lansing, Michigan, for Intervenor-Appellee. Richard Soble , Soble Rowe Krichbaum LLP, Ann Arbor, Michigan, Daniel S. Korobkin , Michael J. Steinberg , American Civil Liberties Union Fund of Michigan, Detroit, Michigan, John C. Philo , Maurice & Jane Sugar Law Center for Economic & Social Justice, Detroit, Michigan, for Amici Curiae.

The Court delivered a per curiam order. McKEAGUE, J. (pp. 433-34), delivered a separate concurrence, in which BATCHELDER, C.J., joined.


ORDER

PER CURIAM.

Legal, factual, and equitable considerations have developed significantly since the district court denied the plaintiffs' request for a preliminary injunction almost two years ago. In light of these developments, we vacate the district court's denial of injunctive relief and remand for further proceedings.

I. BACKGROUND

The basic facts of this case are set out in the panel's majority and dissenting opinions. See City...

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