Robert G. Setter v. Adjustco, Inc.

103 F.3d 140 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert G. SETTER, Plaintiff-Appellant, v. ADJUSTCO, INC., Defendant-Appellee. No. 95-15138. United States Court of Appeals, Ninth Circuit. Argued April 10, 1996. Submission Deferred April 11, 1996. Submitted Aug. 23, 1996. Decided Dec. 05, 1996. ORDER 1 This case is hereby submitted for decision as of August 23, 1996. 2 Before: BROWNING, and NOONAN, Circuit Judges, and MERHIGE, District Judge * . 3 MEMORANDUM ** 4 Robert G. Setter appeals the grant of summary judgment to Adjustco Inc. in his suit seeking damages under ERISA, 29 U.S.C. § 1132 (c)(1)(B). We affirm the judgment of the district court. FACTS 5 We take the following facts from the succinct statement of the district court: 6 On March 1, 1988, plaintiff was hired by defendant Carson City Enterprises, Inc. dba Carson City Nissan-Jeep-Eagle ("Nissan"). As part of its employee benefits package, Nissan provided plaintiff with health care coverage under…