Legal Opinion
Alfred J. Stewart v. M.M. & P. Pension Plan
Court of Appeals for the Ninth Circuit
Decided November 21, 1979No. 77-2166PublishedCited by 19 opinions
1Opinion of the Court
WYATT, District Judge:
This appeal is by Alfred J. Stewart from a judgment of the United States District Court for the Northern District of California dismissing his action on the merits. The opinion below is reported at 432 F.Supp. 742. We conclude that dismissal of the action was proper but that it should have been for want of jurisdiction and not on the merits.
1
Stewart has been for some years and is now a licensed deck officer for ships, having been licensed as a master (46 U.S.C. § 226). (While nowhere averred in the pleadings, this seems to have been stipulated by the parties.) We…
2Cases cited7 opinions
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
- Maryland Casualty Co. v. Pacific Coal & Oil Co.Supreme Court of the United States · 1941
- Willing v. Chicago Auditorium Assn.Supreme Court of the United States · 1928
- Juan Sanchez Lugo v. The Employees Retirement Fund of the Illumination Products IndustryCourt of Appeals for the Second Circuit · 1976
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Western Mining Council v. WattCourt of Appeals for the Ninth Circuit · 1981
- Western Mining Council v. WattCourt of Appeals for the Ninth Circuit · 1981
- Ronald O. Nelsen Michael Bullene v. King CountyCourt of Appeals for the Ninth Circuit · 1990
- Chambless v. Masters, Mates & Pilots Pension PlanDistrict Court, S.D. New York · 1983
- Ministry of Health v. Shiley Inc.District Court, C.D. California · 1994
14 more not listed; retrieve them via the Exa API.