Pens. Plan Guide P 23911q

57 F.3d 1077 Pens. Plan Guide P 23911Q NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ellis MILLS, Plaintiff-Appellant, v. TWENTIETH CENTURY-FOX FILM CORPORATION; Fox, Inc. Pension Plan, Defendant-Appellees. No. 94-55185. United States Court of Appeals, Ninth Circuit. Submitted June 9, 1995. * Decided June 13, 1995. Before: PREGERSON, POOLE, and D.W. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Ellis Mills appeals the district court's grant of summary judgment in favor of Appellees Twentieth Century Fox Film Corporation and Fox, Inc. Pension Plan (collectively "Fox") on his claim for benefits due under the Employment Retirement Income Security Act ("ERISA"), 29 U.S.C. Secs. 1001 et seq. We hold that the district court did not have subject matter jurisdiction under ERISA. Accordingly, we remand to the district court for dismissal. FACTUAL AND PROCEDURAL BACKGROUND 3 Mills began working for Revue Studios in 1959 in a bargaining unit position covered by the…