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JERRY DUNCAN, et al.,
Plaintiffs,

CHARLES T. EVANS; DAVID MCBRIDE; RONALD E. FARLEY; LARRY J. SIMPSON; ROBERT B. BONDS; STEVE HINCH,
Plaintiffs-Appellants,
v.
LEONARD J. MUZYN, et al.,
Defendants,

TENNESSEE VALLEY AUTHORITY RETIREMENT SYSTEM; TENNESSEE VALLEY AUTHORITY,
Defendants-Appellees.
   No. 17-5389
Appeal from the United States District Court
for the Middle District of Tennessee at Nashville.
No. 3:10-cv-00217—Aleta Arthur Trauger, District Judge.
Argued: January 31, 2018
Decided and Filed: March 16, 2018
Before: MOORE, THAPAR, and LARSEN, Circuit Judges.


_________________________
OPINION
_________________________

THAPAR, Circuit Judge. Underfunded public pensions are a vexing public-policy issue. See generally Jack M. Beermann, The Public Pension Crisis, 70 Wash. & Lee L. Rev. 3 (2013). One answer is to cut benefits, see id. at 31, 86, but unsurprisingly, that often proves controversial. So it was here. Jerry Duncan and a class of pension-plan participants sued their employer and its pension system when the system cut their benefits. Their suit has already produced one appeal before this court. Duncan v. Muzyn, 833 F.3d 567 (6th Cir. 2016). They now pursue the second.

. . .

We AFFIRM the district court’s ruling that the Board gave proper notice of the 2009 amendments, VACATE its ruling with respect to Plaintiffs’ accounting claim, and REMAND with instructions to dismiss the accounting claim for lack of subject-matter jurisdiction.



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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
RONALD BERGRIN,
Defendant-Appellant.
   No. 16-4240
Appeal from the United States District Court
for the Northern District of Ohio at Cleveland.
No. 1:15-cr-00004-1—Dan A. Polster, District Judge.
Argued: March 14, 2018
Decided and Filed: March 16, 2018
Before: MERRITT, CLAY, and SUTTON, Circuit Judges.


_________________________
OPINION
_________________________

SUTTON, Circuit Judge. The government charged Ronald Bergrin with threatening a federal officer. The district court dismissed the charges against Bergrin after finding him incompetent to stand trial. Bergrin appealed, prompting this case-or-controversy question: Does a criminal defendant have standing to appeal the dismissal of charges against him? There is reason to wonder. An appellate victory would not help him in one sense, as it would allow the criminal case against him to proceed. And an appellate loss would not help him in another sense, as it would add sting to the incompetence finding. Even so, the defendant may appeal. Although Bergrin prevailed in one way (the court dismissed the charges), he did not prevail in another way (the court found him incompetent to stand trial), and that last reality suffices to permit the appeal. We have jurisdiction and affirm.