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SCHWARTZ v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC.

No. C-76-1980 SC.

424 F.Supp. 672 (1976)

Harold M. SCHWARTZ, on behalf of himself and all others similarly situated, Plaintiff, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., a corporation, Defendant.

United States District Court, N. D. California.

November 5, 1976.

Attorney(s) appearing for the Case

Joseph C. Barton, Barton & Stretch, San Francisco, Cal., for plaintiff.

W. Reece Bader, Orrick, Herrington, Rowley & Sutcliffe, San Francisco, Cal., for defendant.

ORDER

CONTI, District Judge.

This matter is before the court on plaintiff's motion to remand to the state court on the ground of lack of removal jurisdiction. Plaintiff initially filed this action on behalf of himself and all others similarly situated in the Superior Court of San Francisco County, seeking recovery of forfeited pension benefits on a theory that such pension benefits constituted wages and are not subject to forfeiture. Following filing, defendant...

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