G-K Properties and Genesco, Inc. v. Redevelopment Agency of the City of San Jose and the City of San Jose

577 F.2d 645 G-K PROPERTIES and Genesco, Inc., Plaintiffs-Appellants, v. REDEVELOPMENT AGENCY OF the CITY OF SAN JOSE and the City of San Jose, Defendants-Appellees. No. 76-1979. United States Court of Appeals, Ninth Circuit. June 30, 1978. James M. Berg, of Fitzgerald, Johnson, Berg & Edgar, San Francisco, Cal., for plaintiffs-appellants. John H. Tallett, of Rogers, Vizzard & Tallett, San Francisco, Cal., for defendants-appellees. Appeal from the United States District Court for the Northern District of California. Before WRIGHT, KENNEDY and TANG, Circuit Judges. KENNEDY, Circuit Judge: 1 G-K Properties and Genesco, Inc. appeal from the trial court's order dismissing their action with prejudice, by reason of failure to comply with the court's discovery orders. Appellants argue that dismissal of their case was an abuse of the trial court's discretion and was a taking of property without due process of law. G-K Properties argues in addition that dismissal was improper as to it because that company does not have custody, control, or possession of the records which were ordered to be produced. We affirm the district court's dismissal as to both parties. 2 G-K Properties and…