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DOZIER v. SUN LIFE ASSURANCE COMPANY OF CANADA

No. 05-6598.

466 F.3d 532 (2006)

DENNIS DOZIER, Plaintiff-Appellant, v. SUN LIFE ASSURANCE COMPANY OF CANADA, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 27, 2006.

Attorney(s) appearing for the Case

ARGUED: E. Douglas Richards, E. DOUGLAS RICHARDS, PSC, Lexington, Kentucky, for Appellant.

Jeffrey C. Mando, ADAMS, STEPNER, WOLTERMANN & DUSING, PLLC, Covington, Kentucky, for Appellee.

ON BRIEF: E. Douglas Richards, E. DOUGLAS RICHARDS, PSC, Lexington, Kentucky, for Appellant.

Jeffrey C. Mando, ADAMS, STEPNER, WOLTERMANN & DUSING, PLLC, Covington, Kentucky, for Appellee.

Before: MERRITT, SUTTON, and GRIFFIN, Circuit Judges.

OPINION

SUTTON, Circuit Judge.

Dennis Dozier challenges the district court's dismissal of his employee-benefits suit for failure to exhaust administrative remedies, claiming that pursuing the administrative review process for one benefit after the insurance company had already rejected his application for a similar (though easier to obtain) benefit would have been futile. Because it indeed would have been futile for Dozier to ask the insurance company to...

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