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SCHLEIBAUM v. KMART CORP.

No. 97-2202.

153 F.3d 496 (1998)

David SCHLEIBAUM, Sandy Schleibaum and Judith Kimmerling, Plaintiffs-Appellants, v. KMART CORPORATION, as Named Fiduciary of the Kmart Corporation Master Welfare Benefit Plan, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 25, 1998.

Rehearing and Suggestion for Rehearing Denied September 18, 1998.

Attorney(s) appearing for the Case

Geoffrey M. Grodner (argued), Mallor, Clendening, Grodner & Bohrer, Bloomington, IN, for Plaintiffs-Appellants.

Debra McVicker Lynch, Sommer & Barnard, Indianapolis, IN, Julia Turner Baumhart (argued), Kienbaum, Opperwall, Hardy & Pelton, Birmingham, MI, for Defendant-Appellee.

Before MANION, KANNE and ROVNER, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied September 18, 1998.

ILANA DIAMOND ROVNER, Circuit Judge.

The untimely death of an ERISA claimant gave rise in this case to interesting questions about the appropriate remedy for a violation of 29 U.S.C. § 1133 (failure to give adequate notice of a denial of a claim for benefits) when a remand would be futile. One of the questions we must consider is whether a plaintiff in an ERISA action has a duty...

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