Limin Kung v. Fom Investment Corporation

563 F.2d 1316 Limin KUNG, Plaintiff-Appellant, v. FOM INVESTMENT CORPORATION, Rammco Investment Corporation, Del E. Webb Corporation, Louis E. Whipple and Sun City Development Corporation, Defendants-Appellees. No. 77-1185. United States Court of Appeals, Ninth Circuit. Nov. 1, 1977. David Ashburn Grey, Beverly Hills, Cal., for plaintiff-appellant. Kenji Machida, Nowland C. Hong, Parker, Milliken, Kohlmeier, Clark & O'Hara, Harry I. Sky, Los Angeles, Cal., for defendants-appellees. Before TRASK, WALLACE and ANDERSON, Circuit Judges. PER CURIAM: 1 Plaintiff-Appellant Limin Kung ("Kung"), a resident of Hawaii, brought this diversity action in the District of Hawaii, alleging that defendants had defrauded him in connection with his purchase of real property in California. Defendants obtained removal of the case to the Central District of California. The district court granted summary judgment to two defendants, Del E. Webb Corporation ("Del Webb") and Sun City Development Corporation ("Sun City"), and subsequently dismissed the action as to the remaining defendants, on the ground of lack of prosecution. Kung appeals, and we affirm. 2 Kung makes two arguments on appeal. First, he…