IKUNO v. YIP

No. 89-35319.

912 F.2d 306 (1990)

Ichiro IKUNO, Plaintiff-Appellant, v. Peter YIP, a/k/a Peter Yip Shut-Yuen; a/k/a Shut-Yuen Yip and Jane Doe Yip, husband and wife; Peter Cheung and Jane Doe Cheung, husband and wife; Ka C Li and Jane Doe Li, husband and wife, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn May 9, 1990.

Resubmitted July 5, 1990.

Decided August 17, 1990.


Attorney(s) appearing for the Case

Bo Barker, Bellevue, Wash., for plaintiff-appellant.

Tyna Ek, Michael L. Farrell, Merrick, Hofstedt & Lindsey, Seattle, Wash., for defendants-appellees.

Before WRIGHT, POOLE and BRUNETTI, Circuit Judges.


EUGENE A. WRIGHT, Circuit Judge:

Appellant Ichiro Ikuno seeks the substance behind a phantom. He appeals the district court's dismissal of his claims under the Commodities Exchange Act, RICO claims and pendent state claims against Li and other defendants allegedly involved in a fraudulent commodities trading corporation. We now AFFIRM in part, REVERSE in part, and REMAND.

BACKGROUND

Ichiro Ikuno and other investors were shown an attractive brochure...

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