Charmicor, Inc. v. Deaner

572 F.2d 694 CHARMICOR, INC., a Nevada Corporation, Plaintiff-Appellant, v. J. Douglas DEANER, Joan L. Swift, David P. Boyer, Harold H. Wise, Dorothy Wise, United Mortgage Company, Chicago Title Insurance Company and Ivy Hammil, Defendants-Appellees. No. 76-3324. United States Court of Appeals, Ninth Circuit. March 24, 1978. Charles L. Kellar, Las Vegas, Nev., for plaintiff-appellant. Charles W. Deaner, Las Vegas, Nev., for defendants-appellees. Appeal from the United States District Court for the District of Nevada. Before WRIGHT, CHOY and TANG, Circuit Judges. EUGENE A. WRIGHT, Circuit Judge: 1 Plaintiff corporation alleged that its statutory and constitutional rights have been violated by operation of Nevada's nonjudicial foreclosure statute. The statute confers upon a trustee, pursuant to agreement in a trust deed, power of sale after breach of the underlying obligation by the debtor. 2 Appellant contends that the statute offends due process by failing to provide a pre-sale hearing and that it offends civil rights statutes and the equal protection clause by discriminating against appellant's shareholders, who are black. 3 The district court granted appellees' motion to dismiss…