Addrisi v. The Equitable Life Assurance Society Of The United States

503 F.2d 725 1974-2 Trade Cases 75,274 Richard ADDRISI, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. The EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, a New Yorkcorporation, Defendant-Appellee. No. 72-2607. United States Court of Appeals, Ninth Circuit. Sept. 30, 1974. 1 George D. Donnahoe, Hollywood, Cal., for plaintiff-appellant. 2 Frank R. Johnston (argued), George W. Tackabury, of Newlin, Tackabury & Johnston, Los Angeles, Cal., for defendant-appellee. 3 Before ELY and CARTER, Circuit Judges, and EAST, * Senior District judge. OPINION EAST, Senior District Judge: 4 The plaintiff-appellant Richard Addrisi (Addrisi), on behalf of himself and all others similarly situated, appeals from the District Court's order dismissing with prejudice his first amended class action complaint on the ground and for the reason that the pleading 'fails to state a claim upon which relief can be granted, and that the (District) court lacks jurisdiction over the subject matter.' We affirm. 5 Sufficient for the purposes of this appeal is the following narrative of the allegations contained in the pleading: 6 Addrisi sought a treble damage award from the…