WHITTINGTON v. WHITTINGTON

No. 82-6008.

733 F.2d 620 (1984)

William J. WHITTINGTON, Plaintiff-Appellant, v. Patricia M. WHITTINGTON, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted January 23, 1984.

Decided March 28, 1984.

Rehearing and Rehearing Denied May 24, 1984.


Attorney(s) appearing for the Case

Russell Iungerich, Los Angeles, Cal., for plaintiff-appellant.

Roberta Brown, Allred, Maroko, Goldberg & Ribakoff, Los Angeles, Cal., for defendant-appellee.

Before GOODWIN, WALLACE, and TANG, Circuit Judges.


Rehearing and Rehearing En Banc Denied May 24, 1984.

WALLACE, Circuit Judge:

The district court dismissed Whittington's declaratory judgment action for lack of subject matter jurisdiction. The issue before us involves the rule which requires federal jurisdiction to be demonstrated in a well-pleaded complaint. We affirm.

I

In 1976, Whittington retired from active duty in the United States Navy. On March 3, 1981, a California court dissolved...

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