[Download] "Carpenters Southern California Administrative Corp. v. D & L Camp Construction Co." by United States Court of Appeals for the Ninth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Carpenters Southern California Administrative Corp. v. D & L Camp Construction Co.
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 23, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
SCHROEDER, Circuit Judge. This is a suit to recover unpaid contributions to an employee benefit plan. The plaintiff-appellant, as administrator of the plan,* brought an action under section 502 of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1132, against an employer, D & L Camp Construction Company. In addition, the plaintiff sued the surety on Camp's state contractor license bond, required under California state law to protect those damaged by actions of the contractor. Cal. Bus. & Prof. Code § 7071.5 (Cum. Supp. 1984). The issue in this appeal is whether the district court properly dismissed the action against the surety, Surety Company of the Pacific, for lack of subject matter jurisdiction. The district court reasoned that dismissal was required because diversity of citizenship between the plaintiff and the surety did not exist, and any cause of action against the surety was founded upon state rather than federal law. We affirm.
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