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Joan Kingsbury v. Marsh & Mclennan Companies, Inc. Retirement Plan

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Not for Publication in West’s Federal Reporter

Before Boudin and Lipez, Circuit Judges, and Smith,*fn1 District Judge.

Joan Kingsbury appeals from the district court’s grant of summary judgment affirming the denial of a claim for retirement benefits purportedly owed to Kingsbury’s deceased sister, Lorna Hutcheon, under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1132(a)(1)(B). The district court affirmed the denial of benefits by Marsh & McLennan Companies, Inc. Retirement Plan, a/k/a Marsh & McLennan Companies, Inc. (the “plan” or “Marsh & McLennan”), on the grounds that the claim was barred by the statute of limitations and that the plan administrator’s decision was not arbitrary and capricious.

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