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CLEMONS v. NORTON HEALTHCARE INC. RETIREMENT PLAN

Nos. 16-5063, 16-5124.

890 F.3d 254 (2018)

Elizabeth A. CLEMONS, David R. Khaliel, and Larry W. Taylor, on behalf of themselves and all other similarly situated individuals, Plaintiffs-Appellees/Cross-Appellants, v. NORTON HEALTHCARE INC. RETIREMENT PLAN, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 10, 2018.

Attorney(s) appearing for the Case

ARGUED: Keith L. Pryatel , KASTNER WESTMAN & WILKINS, LLC, Akron, Ohio, for Appellant/Cross-Appellee. Michael D. Grabhorn , GRABHORN LAW OFFICE, PLLC, Louisville, Kentucky, for Appellees/Cross-Appellants. ON BRIEF: Keith L. Pryatel , Kenneth M. Haneline , KASTNER WESTMAN & WILKINS, LLC, Akron, Ohio, Lira A. Johnson , Michael P. Abate , DINSMORE & SHOHL LLP, Louisville, Kentucky, for Appellant/Cross-Appellee. Michael D. Grabhorn , Andrew M. Grabhorn , GRABHORN LAW OFFICE, PLLC, Louisville, Kentucky, William T. Payne , Joel R. Hurt , FEINSTEIN DOYLE PAYNE & KRAVEC, Pittsburgh, Pennsylvania, for Appellees/Cross-Appellants.

McKEAGUE, J., delivered the opinion of the court in which SILER, J., joined, and WHITE, J., joined in part. WHITE, J. (pp. 282-85), delivered a separate opinion concurring in part and dissenting from Part III and Part IV. C. 3.

OPINION

This appeal is the latest installment in an ERISA litigation saga that has spanned almost ten years. At the risk of oversimplifying their case, the Plaintiff-Retirees claim that Defendant Norton Healthcare, Inc. Retirement Plan ("Norton") underpaid them under the terms of the plan. The district court found...

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