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DEWHURST v. CENTURY ALUMINUM CO.

Civil Action No. 2:09-1546.

731 F.Supp.2d 506 (2010)

Harold DEWHURST and David Bryan, on behalf of themselves and all other persons similarly situated, and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Plaintiffs v. CENTURY ALUMINUM COMPANY, Century Aluminum Of West Virginia, Inc., Century Aluminum Master Welfare Benefit Plan, Does 1 Through 20, Defendants.

United States District Court, S.D. West Virginia, at Charleston.

June 24, 2010.

Attorney(s) appearing for the Case

Bradley J. Pyles , Pyles Haviland Turner & Smith, Logan, WV, William T. Payne , John Stember , Pamina G. Ewing , Stephen M. Pincus , Stember Feinstein Doyle Payne & Cordes, Joseph P. Stuligross , United Steel Workers of America, Pittsburgh, PA, Ricklin Brown , Bowles Rice McDavid Graff & Love, Charleston, WV, Sarah B. McClure , Jones Day , Washington, DC, Stanley Weiner , Jones Day , Cleveland, OH, for Plaintiffs.

Ricklin Brown , Bowles Rice McDavid Graff & Love, Stanley Weiner , Jones Day , Cleveland, OH, Sarah B. McClure , Jones Day , Washington, DC, for Defendants.

MEMORANDUM OPINION AND ORDER

JOHN T. COPENHAVER, JR., District Judge.

Pending is plaintiffs' motion for preliminary injunction seeking a continuation of retiree healthcare benefits with respect to retirees who retired prior to the current June 1, 2006, collective bargaining agreement ("CBA"). On February 18, 2010, the court conducted the preliminary injunction hearing.

I.

A. Introduction

On November 13, 2009, plaintiffs...

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