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SILBERKLEIT v. KANTROWITZ

No. 82-5805.

713 F.2d 433 (1983)

William B. SILBERKLEIT, Plaintiff-Appellant, v. Wallace KANTROWITZ, individually, and as trustee of the Kantrowitz 1975 Trust, and as trustee of the Mona Lee of California Profit Sharing Plan; Wallace Kantrowitz and Kayla Kantrowitz, husband and wife; Edward White, individually; Edward White and Maxine White, husband and wife; Lawrence Silberkleit, individually, and as trustee of the Lawrence Silberkleit and Estelle Silberkleit Trust Established on December 4, 1973, and as trustee of the Mona Lee of California Profit Sharing Plan; Estelle M. Silberkleit, individually; Lawrence Silberkleit and Estelle M. Silberkleit, husband and wife; Mona Lee of California, a California Corporation, and also as administrator of the Mona Lee of California Profit Sharing Plan; Kellogg & Andelson, a corporation; Mona Lee of California Profit Sharing Plan, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 27, 1983.

Attorney(s) appearing for the Case

Michael J. Bayard, Shapiro & Maguire Law Corp., Beverly Hills, Cal., for plaintiff-appellant.

Lorraine B. Moura, Buchalter, Nemer, Fields, Chrystie & Younger, Los Angeles, Cal., for defendants-appellees.

Before WRIGHT and SCHROEDER, Circuit Judges, and EAST, District Judge.

SCHROEDER, Circuit Judge.

This appeal is from a district court order which stayed all proceedings in an action which included two claims within exclusive federal jurisdiction: one claim charged a violation of section 10(b) of the 1934 Securities Act, and the other, a breach of fiduciary duty under the Employee Retirement and Income Security Act (ERISA). The order was based on the district court's desire to avoid duplicative litigation. Since there already existed...

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