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ANGEVINE v. ANHEUSER-BUSCH COMPANIES PENSION PLAN

No. 10-2832.

646 F.3d 1034 (2011)

Richard ANGEVINE, Individually and on behalf of all others similarly situated, Appellant, v. ANHEUSER-BUSCH COMPANIES PENSION PLAN; Anheuser-Busch Companies, Inc., a Delaware Corporation; Anheuser-Busch InBev, N.V., a Belgian Corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 22, 2011.

Attorney(s) appearing for the Case

Joe David Jacobson, argued, Paul Joseph Puricelli, Joseph R. Dulle, and Allen P. Press, Clayton, MO, on the brief, for appellant.

Edward Crane, argued, Chicago, IL, James F. Benett, Jennifer S. Kingston, Clayton, MO, Albert L. Hogan, III, Su Ji Lee, Chicago, IL, on the brief, for appellees.

Before RILEY, Chief Judge, BENTON and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

Richard Angevine appeals from the district court's1 dismissal of his claim for benefits under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1101 et seq. The district court held that Angevine had failed to exhaust his administrative remedies. Because we agree that an administrative remedy was available to Angevine and that pursuing it would not have been futile, we affirm.

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