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DiMICELI v. NATIONAL MARINE ENGINEERS BENEFICIAL ASS'N

No. 73-1073.

500 F.2d 31 (1974)

Andrew DiMICELL, Plaintiff-Appellant, v. NATIONAL MARINE ENGINEERS BENEFICIAL ASSOCIATION et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

June 19, 1974.

Attorney(s) appearing for the Case

Robert E. Cartwright of Cartwright, Saroyan, Martin & Sucherman, San Francisco, Cal., for plaintiff-appellant.

McCarthy, Johnson & Miller, San Francisco, Cal., for defendants-appellees.

Before DUNIWAY, WRIGHT and CHOY, Circuit Judges.

OPINION

PER CURIAM:

Appellant DiMiceli, a member of appellee Unions, brought this action in California Superior Court. He purported to sue on behalf of all other members similarly situated. The case was removed to the district court. The Unions then moved to dismiss for improper venue. The motion was granted and the action was dismissed. DiMiceli appeals and we reverse.

The Unions adopted a resolution reading in pertinent part as follows:

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