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CNH AMERICA v. UAW.

No. 09-2001.

645 F.3d 785 (2011)

CNH AMERICA LLC, Plaintiff-Appellant, v. INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (UAW), Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 16, 2011.

Attorney(s) appearing for the Case

ARGUED: Bobby R. Burchfield, McDermott Will & Emery LLP, Washington, D.C., for Appellant. Julia Penny Clark, Bredhoff & Kaiser, P.L.L.C., Washington, D.C., for Appellee. ON BRIEF: Bobby R. Burchfield, Jason A. Levine, McDermott Will & Emery LLP, Washington, D.C., Norman C. Ankers, Honigman Miller Schwartz and Cohn LLP, Detroit, Michigan, for Appellant. Julia Penny Clark, Bredhoff & Kaiser, P.L.L.C., Washington, D.C., for Appellee.

SUTTON, J., delivered the opinion of the court, in which GILMAN, J., joined. DAUGHTREY, J. (pp. 795-803), delivered a separate opinion concurring in part and dissenting in part.

OPINION

SUTTON, Circuit Judge.

This appeal, one of a never-ending string of healthcare-benefit disputes in this circuit, turns (unsurprisingly) on the interrelationship of two lawsuits. In the first lawsuit, a group of retirees, funded by the UAW, obtained a preliminary injunction preventing CNH from terminating their healthcare benefits. See Yolton v. El Paso Tenn. Pipeline Corp., No. 02-75164 (E.D.Mich.) R.80. That litigation is still pending. ...

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