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CHAPMAN v. ACF INDUSTRIES LLC

Civil Action Nos. 3:04-0062, 3:04-00938.

430 F.Supp.2d 570 (2005)

Basil A. CHAPMAN, Lowell Ward, William Spears, Willie Jackson, Jr. and United Steel Workers of America, AFL-CIO, CLC, on behalf of themselves and others similarly situated, Plaintiffs, v. ACF INDUSTRIES LLC; Program of Insurance Benefits for Retired Bargaining Employees of AMCAR Division of ACF Industries; and Does 2 Through 20, Defendants.

United States District Court, S.D. West Virginia, Huntington Division.

May 9, 2006.

Attorney(s) appearing for the Case

Edward J. Feinstein, Stember Feinstein, Pittsburgh, PA, for Plaintiffs.

Bradley J. Pyles, Crandall Pyles Haviland & Turner, Logan, WV.

John Stember, Stember Feinstein Krakoff, Pittsburgh, PA.

William T. Payne, Pittsburgh, PA.

Oswald B. Cousins, Orric, Herrington & Sutcliffe LLP, San Francisco, CA, for Consol Plaintiff.

Herbert J. Levine, Ira G. Rosenstein, Orrick Herrington & Sutcliffe, New York City, Thomas E. Scarr, Jenkins Fenstermaker, Huntington, WV, Defendants.

Pamina G. Ewing, Stember Feinstein, Pitsburgh, PA, for Consol Defendants.

James P. Baker, Orrick Herrington & Sutcliffe, San Francisco, CA, Jennifer Baetje, Patricia A. Winchell, Richard E. Jaudes, Thompson Coburn LLP, St. Louis, MO, for ACF Industries LLC.

Jan Bond and Sherrie A. Schroder, Diekember and Hammond, St. Louis, MO, for Basil A. Chapman, United Steelworkers of America and Local Union No. 1652, USWA.

MEMORANDUM OPINION AND ODER REGARDING DEFEDANTS' MOTION FOR SUMMARY JUDGMENT

CHAMBERS, District Judge.

Plaintiffs brought this action under Section 301(a) of the Labor Management Relations Act (LMRA), 29 U.S.C. § 185(a). Plaintiffs claim that Defendant ACF Industries LLC (ACF) violated the Act by changing one of the health insurance programs for its retirees. Plaintiffs are members of the class of retirees, as certified by Order of this Court...

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