This section contains the nature of the case and procedural background.

This suit related to benefits under the Employee Retirement Income Security Act, 29 U.S.C. Section 1001. The issue was whether P had to exhaust all his administrative remedies when, contrary to the requirements of the plan, a letter denying benefits did not inform P of his appeal procedures. Promises were exchanged as part of a complex agreement. The promises in the plan were characterized as bilateral. Under those contract terms, Pitney (D) was to inform P of the appeal procedure at the time they denied him benefits. They did not do so. D filed for a summary judgment based on the wording of the plan in that P had not exhausted all administrative remedies prior to filing suit. The trial court awarded D a summary judgment. P appealed.

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