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Law.com Coverage: Justices Consider Claim for 401(k) Plan Losses
Law.com 
Nov. 27, 2007
Excerpt: Justice Antonin Scalia asked [the attorney for the plaintiff] why [the plaintiff] didn't first apply for recovery against the plan instead of against the fiduciary. '[O]nly that manner of proceeding preserves the structure of ... the legislation which is that you're supposed to first apply to the plan and exhaust your remedies there before you come into court,' Scalia said.
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