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JULIUS NOE; RAY REYNOLDS; ANNA MAE WILDER; RUSSELL BOWMAN; NANCY HOOD; WILLIAM DUNCAN, Plaintiffs-Appellants, v. POLYONE CORPORATION, Defendant-Appellee. |
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Appeal from the United States District Court
for the Western District of Kentucky at Louisville.
No. 06-00170—John G. Heyburn II, Chief District Judge.
Argued: September 13, 2007
Decided and Filed: March 19, 2008
Before: SUTTON and McKEAGUE, Circuit Judges; FORESTER, District Judge.
McKEAGUE, Circuit Judge. This is a retiree health benefits case, in which the court is asked to determine whether the parties to various labor agreements intended for retiree health benefits to vest such that any termination of those benefits constitutes a violation of § 301 of the Labor Management Relations Act (“LMRA”). The district court granted summary judgment for defendant-employer PolyOne Corp. after concluding that the labor agreements in question were unambiguous and established no intent to vest retiree health benefits. Having conducted a thorough review of the record and the applicable law, we arrive at a different conclusion and VACATE the district court’s judgment.