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statute of limitations

Guest caray

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A recent case in the 5th circuit (RADFORD v. GENERAL DYNAMICS) has held that for purposes of bringing a fiduciary claim the sectoin 413 statute of limitations is not tolled by filing a claim under the plan's claims procedure AND filing under the claims procedure was required prior to bringing the actions. This is a trap for the unwary. It also may be incorrect. The case will soon be out on the commercial sites. It is obtainable now at www.ca5.uscourts.gov Docket no 97-10689 (8-18-98). Are there similar view in other circuits or is this first impression?

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