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SCHUCK v. GILMORE STEEL CORP.

No. 84-4154.

784 F.2d 947 (1986)

Glenn SCHUCK; Robert Lane; Bruce Schmidt; Marilyn McGahan, for themselves and all persons similarly situated, Plaintiffs/Appellants, v. GILMORE STEEL CORP., d/b/a Oregon Steel Mills, a Delaware corporation, Defendant/Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 11, 1986.

Attorney(s) appearing for the Case

Gregory A. Hartman, Willner, Bennett, Hartman & Tauman, Portland, Or., for plaintiffs/appellants.

Jack B. Schwartz, Portland, Or., for defendant/appellee.

Before FLETCHER and BOOCHEVER, Circuit Judges, and THOMPSON, Senior District Judge.

BOOCHEVER, Circuit Judge:

Glenn Schuck and other union members (plaintiffs), sued to enjoin their employer, Gilmore Steel Corp., (defendant) from an alleged violation of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461 (1982). The district court dismissed the action for lack of subject matter jurisdiction and for failure to state a claim. We hold that the district court had jurisdiction but affirm the dismissal for failure...

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