SHERMAN v. MUTUAL BENEFIT LIFE INS. CO.

No. 78-1886.

633 F.2d 782 (1980)

Robert SHERMAN, Plaintiff/Appellant, v. MUTUAL BENEFIT LIFE INS. CO., Defendant/Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied November 24, 1980.


Attorney(s) appearing for the Case

Gerhard Stoll, San Francisco, Cal., argued for plaintiff/appellant; Robert J. Donovan, San Francisco, Cal., on brief.

Walter R. Allan, San Francisco, Cal., argued for defendant/appellee; W. R. Buxton, Stanley B. Watson, Pillsbury, Madison & Sutro, San Francisco, Cal., on brief.

Before WALLACE and FARRIS, Circuit Judges, and KARLTON, District Judge.


FARRIS, Circuit Judge:

Robert E. Sherman sued Mutual Benefit Life Insurance Company for breach of his general agency contract, breach of fiduciary duty, and fraud. The United States District Court for the Northern District of California dismissed Sherman's complaint for failure to state a claim upon which relief can be granted. Sherman appeals. We affirm in part and reverse and remand in part.

FACTS:

After working for Mutual for several years...

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