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DI BIASE v. SPX CORP.

No. 15-2340.

872 F.3d 224 (2017)

Joseph DI BIASE, Individually and on behalf of similarly situated persons; John Prodorutti, Individually and on behalf of similarly situated persons; David Brass, Individually and on behalf of similarly situated persons; Ron Beegle, Individually and on behalf of similarly situated persons; David Bobcock, Individually and on behalf of similarly situated persons; Carl Van Loon, Individually and on behalf of similarly situated persons; International Union, United Automobile and Agricultural Implement Workers of America, UAW, Plaintiffs-Appellants, v. SPX CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: September 28, 2017.

Attorney(s) appearing for the Case

ARGUED: Narendra K. Ghosh , PATTERSON HARKAVY LLP, Chapel Hill, North Carolina, for Appellants. Mark A. Hiller , ROBINSON, BRADSHAW & HINSON, P.A., Charlotte, North Carolina, for Appellee. ON BRIEF: Michael L. Fayette , PINSKY, SMITH, FAYETTE & KENNEDY, LLP, Grand Rapids, Michigan, for Appellants. David C. Wright, III , Cary B. Davis , Amanda R. Pickens , ROBINSON, BRADSHAW & HINSON, P.A., Charlotte, North Carolina, for Appellee.

Affirmed by published opinion. Chief Judge Gregory wrote the opinion, in which Judge King and Judge Keenan joined.

The individual plaintiffs, retirees of SPX Corporation ("SPX"), their spouses and eligible dependents, and their labor union, the International Union United Automobile, Aerospace and Agricultural Implement Workers of America, UAW ("UAW"), (collectively, "Plaintiffs"), appeal the district court's denial of their motion for preliminary...

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