Jack Reese, et al v. CNH Industrial N.V., et al

Filing

OPINION and JUDGMENT filed : It is ORDERED that the district court s vesting determination is AFFIRMED. IT IS FURTHER ORDERED that the case is REMANDED to the district court with instructions to properly weigh the costs and the benefits of the proposed plan in accordance with Reese II. Decision for publication. Julia Smith Gibbons (AUTHORING), Jeffrey S. Sutton (DISSENTING), and Bernice Bouie Donald (CONCURRING IN THE JUDGMENT), Circuit Judges.

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Case: 15-2382 Document: 53-3 Filed: 04/20/2017 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 15-2382 JACK REESE; FRANCES ELAINE PIDDE; JAMES CICHANOFSKY; ROGER MILLER; GEORGE NOWLIN, Plaintiffs - Appellees, FILED Apr 20, 2017 DEBORAH S. HUNT, Clerk v. CNH INDUSTRIAL N.V.; CNH INDUSTRIAL AMERICA, LLC, Defendants - Appellants. Before: GIBBONS, SUTTON, and DONALD, Circuit Judges. JUDGMENT On Appeal from the United States District Court for the Eastern District of Michigan at Detroit. THIS CAUSE was heard on the record from the district court and was argued by counsel. IN CONSIDERATION THEREOF, it is ORDERED that the district court’s vesting determination is AFFIRMED. IT IS FURTHER ORDERED that the case is REMANDED to the district court with instructions to properly weigh the costs and the benefits of the proposed plan in accordance with Reese II. ENTERED BY ORDER OF THE COURT ____________________________________ Deborah S. Hunt, Clerk

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