Martha E. Whitted v. Orange County Employees Retirement System (Ocers)

Good Law
967 F.2d 596·1992 WL 144491·1992 U.S. App. LEXIS 24596
United States Court of Appeals for the Ninth CircuitJune 26, 199291-16194California708 words

Opinion

Opinion

967 F.2d 596 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Martha E. WHITTED, Plaintiff-Appellant, v. ORANGE COUNTY EMPLOYEES RETIREMENT SYSTEM (OCERS), Defendant-Appellee. No. 91-16194. United States Court of Appeals, Ninth Circuit. Submitted June 23, 1992. * Decided June 26, 1992. Before FLETCHER, LEAVY and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Martha E. Whitted appeals pro se the district court's dismissal of her complaint for lack of personal jurisdiction. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm. 3 Whitted brought an action in the district court for Nevada against the Orange County Employees Retirement System ("OCERS") alleging breach of contract and fiduciary duty arising out of OCERS's denial of surviving spouse benefits to Whitted upon the death of her former husband, an OCERS member. The court granted OCERS's motion to dismiss the action for lack of personal jurisdiction. 4 "A plaintiff has the burden of establishing that the…

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