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August 19, 2015 Court Order

Click here to see the court order and here to see the complete accompanying memorandum.

The court order:

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
JERRY DUNCAN, ET AL, Plaintiffs

TENNESSEE VALLEY AUTHORITY RETIREMENT SYSTEM and TENNESSEE VALLEY AUTHORITY, Defendants

No. 3:10-cv-217
Judge Trauger
Magistrate Judge Brown

ORDER
For the reasons set forth in the accompanying Memorandum, defendant Tennessee Valley Authority’s Motion for Summary Judgment (Docket No. 121) is hereby GRANTED and plaintiffs’ claims against both defendants are DISMISSED WITH PREJUDICE. The plaintiffs’ Partial Motion for Summary Judgment (Docket No. 211) is denied as moot.

 Entry of this Order shall constitute judgment in the case.
It is so ORDERED.
Enter this 19th day of August 2015.
____________________________________
___________________________________
ALETA A. TRAUGER
United States District Judge

From the memorandum:

POLICY IMPLICATIONS OF THIS DECISION
This decision essentially leaves the TVARS beneficiaries with no grounds to seek judicial enforcement of the Rules as related to their retirement benefits. Regardless of whether the Amendments at issue in this litigation actually violated the Rules, this is a difficult result to reach and one that seems inconsistent with other legislative enactments that allow judicial review of administrative decisions related to analogous retirement programs...

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