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SCHULTZ v. PLM INTERN., INC.

No. 96-16255.

127 F.3d 1139 (1997)

James F. SCHULTZ, Plaintiff-Appellant, v. PLM INTERNATIONAL, INC.; PLM International, Inc. Employee Stock Ownership Plan; State Street Bank and Trust Company; Alec Merriam; Robert Tidball; Stephen Peary; Alan Hirsch; John Brogan, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 23, 1997.

Attorney(s) appearing for the Case

R. Bradford Huss, Trucker Huss, San Francisco, California, for the plaintiff-appellant.

Randall J. Sunshine, Liner, Yankelevitz & Sunshine, Los Angeles, California, for the defendants-appellees.

Mark S. Flynn, Senior Appellate Attorney, and Judith D. Heimlich, United States Department of Labor, Washington, DC, for the amicus.

Before: ALDISERT, CHOY, and THOMPSON, Circuit Judges.

Opinion by Judge CHOY; Dissent by Judge ALDISERT.

CHOY, Circuit Judge:

Plaintiff-appellant James F. Schultz ("Schultz") appeals the district court's Fed. R.Civ.P. 12(b)(1) dismissal of his Employee Retirement Income Security Act ("ERISA") claim against his former employer, PLM International, Inc. ("PLM").1 In this appeal, Schultz makes two main arguments. First, he claims that the district court erred in concluding that he lacked...

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