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KAUFMANN v. PRUDENTIAL INS. CO. OF AMERICA

Case No. 11-cv-119-PB.

840 F.Supp.2d 495 (2012)

2012 DNH 003

Deborah J. KAUFMANN v. PRUDENTIAL INSURANCE COMPANY OF AMERICA.

United States District Court, D. New Hampshire.

January 5, 2012.

Attorney(s) appearing for the Case

Jonathan M. Feigenbaum, Feigenbaum Law Office, Boston, MA, Joseph C. Galanes, Biggam Fox & Skinner, Montpelier, VT, for Plaintiff.

Patrick C. DiCarlo, Alston & Bird LLP, Atlanta, GA, Byrne J. Decker, Pierce Atwood LLP, Portland, ME, for Defendant.

MEMORANDUM AND ORDER

PAUL BARBADORO, District Judge.

A claimant in an action for benefits under the Employment Retirement Income Security Act ("ERISA") ordinarily must timely exhaust administrative remedies before commencing an action in this court. The question presented by the defendant's motion for summary judgment is whether such a claimant must comply with an administrative appeal procedure...

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