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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
CHARLES GARY-DON ABBEY,
Defendant-Appellant.


No. 07-2278

Appeal from the United States District Court
for the Eastern District of Michigan at Flint.
No. 06-20286—Paul V. Gadola, District Judge.
Argued: January 20, 2009
Decided and Filed: April 3, 2009
Before: MARTIN and COOK, Circuit Judges, WATSON, District Judge.

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OPINION
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BOYCE F. MARTIN, JR., Circuit Judge. Former Burton, Michigan, City Administrator Charles Abbey was convicted of conspiracy to bribe a public official under 18 U.S.C. § 371 and 18 U.S.C. § 666(a)(2), solicitation of a bribe by a public official under 18 U.S.C. § 666(a)(1), and extortion by a public official under the Hobbs Act, 18 U.S.C. § 1951. Though covering three crimes and two statutes, Abbey’s appeal boils down to a single assertion: that the government, to sustain a conviction under 18 U.S.C. § 666 or the Hobbs Act, 18 U.S.C. § 1951, must prove a direct link between a specific gift given to a public official and an explicit promise by that official to perform a specific, identifiable official act in return. Though Abbey is correct that the government did not prove such a link at trial and that the jury instructions did not so instruct, we nevertheless reject his argument because neither statute contains such a heightened requirement. We thus affirm Abbey’s convictions and sentence.


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DAVID MARTIN, Executor of the Estate of Dennis B. Martin,
Plaintiff-Appellant,
v.
CINCINNATI GAS AND ELECTRIC COMPANY, GENERAL MOTORS CORPORATION, GENERAL ELECTRIC COMPANY,
Defendants-Appellees.


No. 07-6385

Appeal from the United States District Court
for the Eastern District of Kentucky at Covington.
No. 02-00201—David L. Bunning, District Judge.
Argued: October 29, 2008
Decided and Filed: January 27, 2009
Before: SILER and McKEAGUE, Circuit Judges; LUDINGTON, District Judge.

_________________________
OPINION
_________________________

McKEAGUE, Circuit Judge. Dennis Martin (“Mr. Martin”) died from malignant mesothelioma on March 22, 2002. His son, David Martin (“Plaintiff”), serving as executor of his father’s estate, filed a complaint based on asbestos exposure in Kentucky state court against nine defendants. Defendants removed the case to the Eastern District of Kentucky based on diversity.

After various defendants settled or were dismissed from the suit, claims remained against Cincinnati Gas & Electric Company (“CG&E”), General Electric (“GE”), and General Motors (“GM”). The claims against CG&E and GE were based on asbestos that Mr. Martin’s father, Vernon Martin, brought home on his work clothes while working for CG&E. The claim against GM was based on Mr. Martin’s alleged exposure to asbestos while working as a ship mechanic from 1979 to 1984. The district court found that Plaintiff did not raise an issue of material fact regarding causation in his claim against GM, and so granted summary judgment to GM. The district court also granted summary judgment for CG&E and GE because the injury to Mr. Martin was not foreseeable at the time of exposure. Plaintiff appeals both orders. For the reasons given below, we affirm the district court’s orders.


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HOBERT TACKETT, et al.,
Plaintiffs-Appellants,
v.
M&GPOLYMERS, USA, LLC, et al.,
Defendants-Appellees.


Nos. 07-4515/4516

Appeal from the United States District Court
for the Southern District of Ohio at Columbus.
No. 07-00126—Gregory L. Frost, District Judge.
Argued: January 22, 2009
Decided and Filed: April 3, 2009
Before: MARTIN and MOORE, Circuit Judges; GWIN, District Judge.

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OPINION
_________________________

The Plaintiffs United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO-CLC (“USW”) and Hobert Tackett, Woodrow W. Piles, and Harland B. Conley (“Retiree Plaintiffs”) separately appeal the district court’s dismissal of their case under Federal Rule of Civil Procedure 12(b)(1) and (b)(6).

The Plaintiffs alleged that, under their collective bargaining agreement (“CBA”), the Defendant M&G Polymers, USA (“M&G”) promised them vested health-care benefits. When Defendant M&G announced it would begin requiring retiree contributions to health-care costs, the Plaintiffs sued. In addition to suing M&G, the Plaintiffs also sued the M&G-sponsored health plans that Retiree Plaintiffs receive their benefits from: the M&G Comprehensive Medical Benefits Program for Employees and Their Dependents, the M&G Catastrophic Medical Plan, the M&G Medical Necessity Benefits Program of Hospital, Surgical, Medical, and Prescription Drug Benefits for Employees and Their Dependents, and the M&G Major Medical Benefits Plan (collectively, with Defendant M&G, “Defendants”).

In resolving this appeal, we must decide two main issues: (1) whether, under § 301 of the Labor Management Relations Act (“LMRA”), 29 U.S.C. § 185(a), a district court must find that a violation of a collective bargaining agreement has occurred before it can exercise jurisdiction; and (2) whether, under this Circuit’s Yard-Man analysis, UAW v. Yard-Man, 716 F.3d 1476, 1479 (6th Cir. 1983), the Plaintiffs have sufficiently established a right to vested health-care benefits to survive a motion to dismiss under Rule 12(b)(6) by relying on CBA language promising a “full Company contribution” to these benefits.

Because we hold that (1) a violation is not a prerequisite to jurisdiction under § 301 and because (2) the Plaintiffs have sufficiently shown an intention to vest healthcare benefits to survive a motion to dismiss, we REVERSE and REMAND.