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COUNTS v. AMERICAN GENERAL LIFE AND ACC. INS. CO.

No. 96-8795.

111 F.3d 105 (1997)

J.W. COUNTS, Plaintiff-Counter-Defendant, Appellant, v. AMERICAN GENERAL LIFE AND ACCIDENT INSURANCE COMPANY; American General Corporation Plan Administrator, Defendants-Counter-Claimants-Appellees, Gulf Life Insurance Company, et al., Defendants.

United States Court of Appeals, Eleventh Circuit.

April 29, 1997.

Attorney(s) appearing for the Case

Susan Warren Cox, Gerald M. Edenfield, Edenfield & Cox, P.C., Statesboro, GA, for Plaintiff-Counter Defendant-Appellant.

Wade W. Herring, II, Hunter, Maclean, Exley & Dunn, Savannah, GA, for Defendants-Counter Claimants-Appellees.

Before DUBINA and BLACK, Circuit Judges, and COHILL, Senior District Judge.

DUBINA, Circuit Judge:

Appellant J.W. Counts ("Counts") appeals the district court's grant of summary judgment in this ERISA1 action in favor of Appellees American General Life and Accident Insurance Company and American General Corporation Plan Administrator (collectively, "AGLA"). The district court ruled that Counts failed to exhaust his administrative remedies. For the reasons that follow...

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