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ADDRISI v. EQUITABLE LIFE ASSURANCE SOCIETY OF U. S.

No. 72-2607.

503 F.2d 725 (1974)

Richard ADDRISI, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. The EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, a New York corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

September 30, 1974.

Attorney(s) appearing for the Case

George D. Donnahoe, Hollywood, Cal., for plaintiff-appellant.

Frank R. Johnston (argued), George W. Tackabury, of Newlin, Tackabury & Johnston, Los Angeles, Cal., for defendant-appellee.

Before ELY and CARTER, Circuit Judges, and EAST, Senior District Judge.

OPINION

EAST, Senior District Judge:

The plaintiff-appellant Richard Addrisi (Addrisi), on behalf of himself and all others similarly situated, appeals from the District Court's order dismissing with prejudice his first amended class action complaint on the ground and for the reason that the pleading "fails to state a claim upon which relief can be granted, and that the [District] court lacks jurisdiction over the subject matter." We affirm.

Sufficient...

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