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STEWART v. M.M. & P. PENSION PLAN

No. 77-2166.

608 F.2d 776 (1979)

Alfred J. STEWART, Plaintiff-Appellant, v. M.M. & P. PENSION PLAN, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

November 21, 1979.

Attorney(s) appearing for the Case

Charles B. Bateman, Graham & James, San Francisco, Cal., for plaintiff-appellant.

Norman Leonard, Gladstein, Leonard, Patsey & Andersen, San Francisco, Cal., on brief; Richard Ernst, San Francisco, Cal., for defendant-appellee.

Before TRASK and ANDERSON, Circuit Judges, and WYATT, District Judge.

WYATT, District Judge:

This appeal is by Alfred J. Stewart from a judgment of the United States District Court for the Northern District of California dismissing his action on the merits. The opinion below is reported at 432 F.Supp. 742. We conclude that dismissal of the action was proper but that it should have been for want of jurisdiction and not on the merits.

1.

Stewart has been for some years and is now...

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