International Union, United Automobile, Aerospace, and Agricultural Implement Workers of America (Uaw), and Local 134, Uaw v. Yard-Man, Incorporated

I fully concur in the majority’s holding in Part I of its opinion that Yard-Man, in terminating the life and health insurance benefits of its retired employees at the expiration of the collective bargaining agreement, breached that agreement.

However, I must respectfully dissent from the majority’s holding in Part II of its opinion. I believe that the judgment of the District Court ordering specific performance of Yard-Man’s contractual obligation to purchase an annuity for its retirees should be affirmed for several reasons. First, the District Court’s rejection of YardMan’s sole defense in…