Frank Bisceglia v. Joseph Bisceglia, Joe's Plumbing, Joe's Plumbing Keogh Plan, and Does 1 to 50, Inclusive

17 F.3d 393 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Frank BISCEGLIA, Plaintiff-Appellant, v. Joseph BISCEGLIA, Joe's Plumbing, JOE'S Plumbing Keogh Plan, and Does 1 To 50, inclusive, Defendant-Appellees. No. 92-16561. United States Court of Appeals, Ninth Circuit. Submitted Jan. 14, 1994. * Decided Feb. 17, 1994. 1 Before: SCHROEDER, NOONAN, Circuit Judges, and JONES, ** District Judge. 2 MEMORANDUM *** 3 In 1977, Joseph Bisceglia established a Keogh Plan (Plan) for the employees of his business, Joe's Plumbing. According to the terms of the Plan, contributions would be made to the Plan by Joseph Bisceglia at his sole discretion. All of the employees of Joe's Plumbing would participate in the Plan and each would have a pro-rata share of the Plan depending on the ratio of his salary to the salaries of all the participants in the Plan. Joseph Bisceglia's share of the Plan was 34 percent, while defendant Frank Bisceglia's share was about 21 percent. 4 Joseph Bisceglia…