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DEWHURST v. CENTURY ALUMINUM CO.

No. 10-1759.

649 F.3d 287 (2011)

Harold DEWHURST; David Bryan, on behalf of themselves and all other persons similarly situated; United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO/CLC, Plaintiffs-Appellants, v. CENTURY ALUMINUM COMPANY; Century Aluminum of West Virginia, Incorporated; Century Aluminum Master Welfare Benefit Plan; Does 1 through 20, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: August 22, 2011.

Attorney(s) appearing for the Case

ARGUED: Joseph P. Stuligross, United Steelworkers of America, Pittsburgh, Pennsylvania, for Appellants. Shay Dvoretzky, Jones Day, Washington, D.C., for Appellees. ON BRIEF: William T. Payne, John Stember, Pamina Ewing, Stember Feinstein Doyle Payne & Cordes, LLC, Pittsburgh, Pennsylvania, for Appellants. Sarah McClure, Jones Day, Washington, D.C.; Stanley Weiner, Jones Day, Cleveland, Ohio; Ricklin Brown, Bowles Rice McDavid Graff & Love, Charleston, West Virginia, for Appellees.

Affirmed by published opinion. Judge AGEE wrote the opinion, in which Judge WILKINSON and Judge KING joined.

OPINION

AGEE, Circuit Judge:

Arguing they are likely to succeed on the merits of their case, retirees and class representatives Harold Dewhurst and David Bryan, together with the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO/CLC (collectively, "the Retirees"), appeal the denial of their motion for a preliminary injunction seeking continuation of certain healthcare benefits...

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