Richard E. Smith v. Motherlode Plastics, Inc. Continental Life & Accident Company, Inc.

990 F.2d 1260 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Richard E. SMITH, Plaintiff, v. MOTHERLODE PLASTICS, INC.; Defendant-Appellant, Continental Life & Accident Company, Inc., Defendant-Appellee. No. 91-16492. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 12, 1993. Decided March 24, 1993. Before GOODWIN, NOONAN and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 Defendant/Appellant Motherlode Plastics, Inc. appeals the district court's dismissal for lack of subject matter jurisdiction of former Motherlode Plastic employee Richard E. Smith's action for medical benefits under the Employee Retirement Income Security Benefits Act (ERISA), 29 U.S.C. § 1001 , et seq. ERISA jurisdiction had been invoked by the existence of a medical benefits plan allegedly issued to Smith by Continental Life and Accident Company, Inc. (Continental) through Motherlode Plastics. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. §…