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POWELL v. A.T. & T. COMMUNICATIONS, INC.

No. 90-3207.

938 F.2d 823 (1991)

Donald R. POWELL, Plaintiff-Appellant, v. A.T. & T. COMMUNICATIONS, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 8, 1991.

Attorney(s) appearing for the Case

Joanne Kinoy (argued), Kinoy, Taren, Geraghty & Potter, Chicago, Ill., for plaintiff-appellant.

Charles C. Jackson, Gary S. Kaplan (argued), Seyfarth, Shaw, Fairweather & Geraldson, Chicago, Ill., for defendant-appellee.

Before BAUER, Chief Judge, and WOOD, JR., and KANNE, Circuit Judges.

HARLINGTON WOOD, JR., Circuit Judge.

Plaintiff Donald Powell sued his former employer, A.T. & T. Communications (AT & T), alleging that AT & T discharged him to avoid paying his medical insurance and disability benefits in violation of Section 510 of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1140. The district court granted AT & T's motion for summary judgment on the ground that Powell had failed to exhaust his administrative...

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