John P. Mccaffrey v. Diversified Land Co., Inc.

564 F.2d 1241 John P. McCAFFREY, Plaintiff-Appellant, v. DIVERSIFIED LAND CO., INC., a California Corporation, Eugene F. Girard, an Individual, Julius B. Girard, an Individual, Milton Fruchtgarten, an Individual, and John A. Dawdy, an Individual, Defendants-Appellees. No. 76-1722. United States Court of Appeals, Ninth Circuit. Nov. 17, 1977. J. Grannis Monkman, Los Angeles, Cal., for plaintiff-appellant. Mitchell N. Reinis, of Katz, Hoyt & Bell, Los Angeles, Cal., for defendants-appellees. Appeal from the United States District Court for the Central District of California. Before ELY, HUFSTEDLER and ANDERSON, Circuit Judges. PER CURIAM. 1 Appellant filed suit against appellees seeking rescission of a contract for the purchase and sale of land, alleging that the sale was in violation of the Interstate Land Sales Full Disclosure Act, 15 U.S.C. § 1701 , et seq., in that appellees had failed to furnish a property report as required by 15 U.S.C. § 1703 (a)(1). 1 Appellant elected the option to rescind as provided by 15 U.S.C. § 1703 (b). 2 The district court granted appellees' summary judgment motion, holding that appellant's action for rescission was barred by the…