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McMORGAN & CO. v. FIRST CALIFORNIA MORTG. CO.

No. C-94-1115.

916 F.Supp. 966 (1995)

McMORGAN & COMPANY, as Investment Manager and a Fiduciary of the Pension Trust Fund for Operating Engineers, Carpenters Pension Trust Fund for Northern California, Northern Nevada Carpenters Pension Trust Fund, Sheet Metal Workers of Northern California Pension Trust Fund, Carpenters Annuity Trust Fund for Northern California, Bay Area Pipe Trades Pension Trust Fund, California Ironworkers Field Pension Trust Fund, Northern California Plastering Industry Pension Trust Fund, and Pipe Trades District Council No. 36 Pension Trust Fund, Plaintiffs, v. FIRST CALIFORNIA MORTGAGE CO., a California corporation, Defendant.

United States District Court, N.D. California.

February 8, 1995.

Attorney(s) appearing for the Case

Victor J. VanBourg, Christian L. Raisner, VanBourg, Weinberg, Roger & Rosenfeld, Oakland, CA, Judith Z. Gold, Heller, Ehrman, White & McAuliffe, San Francisco, CA, for Plaintiff McMorgan & Co.

Roger McLeod, Gregory Lippetz, Brobeck, Phleger & Harrison, San Francisco, CA, for Defendant.

OPINION AND ORDER

ORRICK, District Judge.

Plaintiff McMorgan & Company's motion for summary adjudication and defendant First California Mortgage Company's motion to dismiss for lack of subject matter jurisdiction having come before the Court, and the Court having considered the briefs and oral argument, plaintiff's motion for summary adjudication is denied and defendant's motion to dismiss is denied.

I.

McMorgan & Company ("McMorgan...

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