TOOMBS v. LEONE

No. 84-6039.

777 F.2d 465 (1985)

B.G. TOOMBS, Plaintiff/Appellant, v. Michael F. LEONE, Jr., American Food Resources, Inc., Harlyn C. Enholm, Joy S. Davis, James M. Davis, Thomas E. Perkins, dba Thomas E. Perkins & Associates, Commercial Fleet Operations, Ltd., and Seafood Special, Ltd., Defendants/Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 26, 1985.


Attorney(s) appearing for the Case

Robert K. Schraner, Miller, Boyko & Bell, San Diego, Cal., for plaintiff, appellant.

Michael W. Stelzer, Fresno, Cal., for defendants, appellees.

Before SNEED, NELSON, and NORRIS, Circuit Judges.


NELSON, Circuit Judge:

B.G. Toombs appeals the decision of the district court to dismiss all of his claims pursuant to Fed.R.Civ.P. 41(b) and to impose sanctions against his counsel for failure to comply with the court's Local Rule 235-4(j). We affirm both the 41(b) dismissal and the imposition of sanctions.

FACTUAL AND PROCEDURAL BACKGROUND

In early 1978, Toombs paid $150,000 for a 15% share in Commercial Fleet Operations, Ltd. ("CFO"), a limited...

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