Legal Opinion
William H. Nolan, on Behalf of Himself and All Others Similarly Situated v. Richard B. Meyer
Court of Appeals for the Second Circuit
Decided July 29, 1975No. 987, Docket 75-7100PublishedCited by 99 opinions
1Opinion of the Court
GIBBONS, Circuit Judge:
Plaintiff Nolan appeals from an order which granted a Rule 12(b)(1) motion, Fed.R.Civ.P., dismissing his class action complaint against the defendants as administrators and trustees of the Merrill Lynch, Pierce, Fenner & Smith, Incorporated, Profit Sharing Plan for lack of subject matter jurisdiction. We affirm.
Nolan, a former employee of Merrill Lynch, challenges the provision in the noneontributory profit-sharing plan which provides for forfeiture of benefits by a participant who engages in competitive employment. 1 The complaint alleges jurisdiction founded on…
2Cases cited25 opinions
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Bell v. HoodSupreme Court of the United States · 1946
- Hagans v. LavineSupreme Court of the United States · 1974
- Textile Workers v. Lincoln Mills of Ala.Supreme Court of the United States · 1957
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3Cited by99 opinions
- Musson Theatrical, Inc., and Modernage Photo Service, Inc., for Themselves and All Others Similarly Situated v. Federal Express CorporationCourt of Appeals for the Sixth Circuit · 1998
- Armstrong v. McAlpinCourt of Appeals for the Second Circuit · 1983
- Federman v. Empire Fire And Marine Insurance CompanyCourt of Appeals for the Second Circuit · 1979
- Armstrong v. McalpinCourt of Appeals for the Second Circuit · 1983
- Margaret S. Rodriguez v. Donald E. RitcheyCourt of Appeals for the Fifth Circuit · 1977
94 more not listed; retrieve them via the Exa API.