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INT'L BROTH. OF ELECTRICAL WORKERS v. PUBLIC SERV.

No. 13-1207.

773 F.3d 1100 (2014)

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL # 111, Plaintiff-Appellant, and Domingo N. Moreno; David L. Williams; Guy E. Forti; Gerald E. King; Vicki Williams, Plaintiffs, v. PUBLIC SERVICE COMPANY OF COLORADO; Xcel Energy Inc. Employee Welfare Benefit Plan, a/k/a the Public Service Company and Participating Subsidiary Companies Retirees' Medical Managed Care/Medicare Coordinated Plan, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 9, 2014.

Attorney(s) appearing for the Case

Ellen M. Kelman of Buescher, Kelman & Perera, P.C., Denver, CO, ( Thomas B. Buescher and Andrew H. Turner of Buescher, Kelman & Perera, P.C., Denver, CO, with her on the briefs) for Plaintiff-Appellant.

Charles C. Jackson of Morgan, Lewis & Bockius LLP, Chicago, IL, ( Christopher J. Boran of Morgan, Lewis & Bockius LLP, Chicago, IL; Lisa Hogan and William C. Berger of Brownstein Hyatt Farber Schreck, LLP, Denver, CO; Ronald E. Manthey and Ellen L. Perlioni of Morgan, Lewis & Bockius LLP, Dallas, TX; with him on the briefs) for Defendants-Appellees.

Before HARTZ, EBEL, and PHILLIPS, Circuit Judges.

In 2009, the Public Service Company of Colorado entered into a collective-bargaining agreement with the International Brotherhood of Electrical Workers Local #111, a union that represents some of the Company's employees. About two years later, the Company unilaterally modified its retired workers' healthcare benefits by...

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