U.S. Court of Appeals for the Eighth Circuit, 2007

Robert Lee Angell v. John Hancock Life

U.S. Court of Appeals for the Eighth Circuit · Decided March 22, 2007 · Riley, Bowman, Arnold

223 F. App'x 527

Opinion

[UNPUBLISHED]

PER CURIAM.

Robert Angelí appeals the order of the District Court 1 dismissing his ERISA lawsuit as time-barred. After careful review of the record and the parties’ briefs, we agree with the District Court that the three-year limitations period set forth in 29 U.S.C. § 1113(2) renders Angell’s claims untimely. 2 For the reasons stated by the District Court, we affirm. See 8th Cir. R. 47B.

. The Honorable Mary Ann Medler, United States Magistrate Judge for the Eastern District of Missouri.

. Section 1113(2) renders untimely the breach of fiduciary duty claims set forth in counts one and two of Angell's complaint. The claim for recovery of benefits set forth in count three of Angell’s complaint is governed by a different statute of limitation, but Angelí does not appeal the dismissal of that claim.

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