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CASUMPANG v. INTERNATIONAL LONGSHOREMEN'S UNION

No. 99-16674.

269 F.3d 1042 (2001)

Nicanor E. CASUMPANG, Jr., Plaintiff-Appellant, v. INTERNATIONAL LONGSHOREMEN'S AND WAREHOUSEMEN'S UNION, LOCAL 142, Defendant, and John Does 1-10; International Longshore & Warehouse Union, Local 142; Eusebio Lapenia, Jr., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission deferred February 15, 2001

Submitted March 9, 2001.

Filed October 23, 2001.

Attorney(s) appearing for the Case

Shawn Anthony Luiz (argued), Honolulu, Hawaii, for the plaintiff-appellant.

Herbert R. Takahashi, Honolulu, Hawaii; Fred H. Altshuler (argued), Altshuler, Berzon, Nussbaum, Berzon & Rubin, San Francisco, California, for the defendants-appellees.

Before: Arthur L. ALARCON, Alex KOZINSKI, and Michael Daly HAWKINS, Circuit Judges.

Submitted March 9, 2001 — San Francisco, California.

OPINION

ALARCON, Circuit Judge:

Nicanor E. Casumpang, Jr. appeals from the dismissal of this action. The district court concluded that it lacked subject matter jurisdiction pursuant to Title IV of the Labor Management Reporting and Disclosure Act ("LMRDA"), 29 U.S.C. §§ 481-83 (2000), over his second amended complaint and, alternatively, on the basis that "[e]ven if the Court found...

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