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Schleeper v. Purina Benefits Association

United States Court of Appeals, Eighth Circuit
Mar 24, 1999
170 F.3d 1157 (8th Cir. 1999)

Summary

affirming dismissal for failure to exhaust and rejecting claimant's argument that exhaustion would have been futile

Summary of this case from Wert v. Liberty Life Assurance Co. of Boston, Inc.

Opinion

No. 98-3127EM

Submitted: March 11, 1999

Filed: March 24, 1999

On Appeal from the United States District Court for the Eastern District of Missouri.

Counsel who presented argument on behalf of the appellant was Frank J. Niesen, Jr. of St. Louis, Missouri.

Counsel who presented argument on behalf of the appellee was Robert J. Golterman of St. Louis, Missouri. Also appearing on the brief is Christopher C. Swenson of St. Louis, Missouri.

Before RICHARD S. ARNOLD, FLOYD R. GIBSON, and HANSEN, Circuit Judges.


In this ERISA case, the issue is whether the employee-beneficiary failed to exhaust his administrative remedies by not filing a timely intra-plan appeal. The District Court held the claim barred by failure to exhaust. We affirm.

The Hon. Stephen N. Limbaugh, United States District Court for the Eastern and Western Districts of Missouri.

Plaintiff argues exhaustion would have been futile. But no evidence to support this claim was adduced, and we are unwilling to assume futility. Plaintiff points out that he had already obtained one level of intra-plan review, and that his failure, if any, related only to a second level of intra-plan review. The law does not forbid an intra-plan appellate structure containing two levels.

Affirmed.


Summaries of

Schleeper v. Purina Benefits Association

United States Court of Appeals, Eighth Circuit
Mar 24, 1999
170 F.3d 1157 (8th Cir. 1999)

affirming dismissal for failure to exhaust and rejecting claimant's argument that exhaustion would have been futile

Summary of this case from Wert v. Liberty Life Assurance Co. of Boston, Inc.

affirming dismissal for failure to exhaust administrative remedies and rejecting the plaintiff's argument that exhaustion would have been futile

Summary of this case from Van Natta v. Sara Lee Corp.
Case details for

Schleeper v. Purina Benefits Association

Case Details

Full title:Michael W. Schleeper, Plaintiff-Appellant, v. Purina Benefits Association…

Court:United States Court of Appeals, Eighth Circuit

Date published: Mar 24, 1999

Citations

170 F.3d 1157 (8th Cir. 1999)

Citing Cases

Wert v. Liberty Life Assurance Co. of Boston, Inc.

See, e.g., Back v. Danka Corp., 335 F.3d 790, 792 (8th Cir. 2003) (exhaustion not required where plan failed…

Van Natta v. Sara Lee Corp.

The Eighth Circuit case law subsequent to Kinkead v. Southwestern Bell Corp. Sickness Accident Disability…