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TACKETT v. M & G POLYMERS USA, LLC

Nos. 12-3329, 12-3407.

733 F.3d 589 (2013)

Hobert Freel TACKETT, Woodrow K. Pyles, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, and Harlan B. Conley, Plaintiffs-Appellees/Cross-Appellants, v. M & G POLYMERS USA, LLC, M & G Polymers USA, LLC Comprehensive Medical Benefits Program for Employees and their Dependents, M & G Catastrophic Medical Plan, M & G Medical Necessity Benefits Program of Hospital, Surgical, Medical, and Prescription Drug Benefits for Employees and their Dependents, and M & G Major Medical Benefits Plan, Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 12, 2013.

Rehearing and Rehearing En Banc Denied October 22, 2013.

Attorney(s) appearing for the Case

ARGUED: Philip A. Miscimarra , Morgan, Lewis & Bockius LLP, Chicago, Illinois, for Appellants/Cross-Appellees. David M. Cook , Cook & Logothetis, LLC, Cincinnati, Ohio, for Appellees/Cross-Appellants. ON BRIEF: Philip A. Miscimarra , Morgan, Lewis & Bockius LLP, Chicago, Illinois, Christopher A. Weals , Morgan, Lewis & Bockius LLP, Washington, D.C., for Appellants/Cross-Appellees. David M. Cook , Jennie G. Arnold , Claire W. Bushorn , Cook & Logothetis, LLC, Cincinnati, Ohio, for Appellees/Cross-Appellants.

Before: KEITH, MARTIN, and COLE, Circuit Judges.

OPINION

COLE, Circuit Judge.

Defendants-Appellants Cross-Appellees M & G Polymers USA, LLC ("M & G") and associated health plans appeal the permanent injunction granted by the district court in favor of Plaintiffs-Appellees Cross-Appellants, retirees and dependents of retirees from an M & G plant and the union that currently represents plant employees.1 Plaintiffs brought a class action suit against Defendants after...

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