Court of Appeals for the Eleventh Circuit August 24, 1989, 89-7122 (Elizabeth Pauline Merritt v. Confederation Life Insurance Company, Etc., and Volvo North American Corporation)

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United States · · · 24-08-1989

PER CURIAM:

On appeal, appellant argues that the district court erred in granting appellees’ motion for summary judgment. We disagree. Binding case law in this circuit holds that a plaintiff must exhaust administrative remedies before suing under an ERISA plan policy.

Mason v. Continental Group, Inc.,

763 F.2d 1219 (11th Cir.1985),

cert. denied,

474 U.S. 1087, 106 S.Ct. 863, 88 L.Ed.2d 902 (1986).

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