PERRINO v. SOUTHERN BELL TEL. & TEL. CO.

No. 98-5189.

209 F.3d 1309 (2000)

Angelo PERRINO, Stephen Placido, Edna Shepard, Arthur Wilson, Plaintiffs-Appellants, v. SOUTHERN BELL TELEPHONE & TELEGRAPH CO., Defendant-Appellee,

United States Court of Appeals, Eleventh Circuit.

April 20, 2000.


Attorney(s) appearing for the Case

Arthur W. Tifford, Miami, FL, for Plaintiffs-Appellants.

Paul T. Stagliano, BellSouth Telecommunications, Inc., Atlanta, GA, for Defendant-Appellee.

Before BIRCH and MARCUS, Circuit Judges, and MILLS, Senior District Judge.


MARCUS, Circuit Judge:

This appeal concerns whether plaintiffs who bring a federal suit based on claims arising under the Employee Retirement Income Security Act of 1974 ("ERISA") are required to exhaust available administrative remedies when their employer fails to comply with all of ERISA's procedural requirements for establishing a reasonable claims procedure, 29 U.S.C. § 1133; 29 C.F.R. § 2560.503-1. In this case, the district court granted summary judgment...

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