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Graulty v. Toda

United States Court of Appeals, Ninth Circuit
Nov 3, 1989
892 F.2d 82 (9th Cir. 1989)

Opinion


892 F.2d 82 (9th Cir. 1989) Reynaldo D. GRAULTY, Trustee of Bishop, Baldwin, Rewald, Dillingham & Wong., Inc., and not individually, Plaintiff--Appellee, v. Sali TODA and Harold K. Toda, Defendants--Appellants. No. 86-2080. United States Court of Appeals, Ninth Circuit November 3, 1989

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)

Decided Dec. 11, 1989.

D.Hawaii

AFFIRMED.

Appeal from the United States District Court for the District of Hawaii; Martin Pence, Senior District Judge, Presiding.

Before SNEED, KOZINSKI and DAVID R. THOMPSON, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3.

Defendants failed to oppose the Trustee's motion for summary judgment; accordingly, they failed to raise any issues of material fact and the motion was properly granted. See Celotex Corp. v. Catrett, 477 U.S. 317, 324 (1986); Fed.R.Civ.P. 56(e). To this day, defendants have alleged not a single fact suggesting that the monies paid to them were other than a fraudulent conveyance, returnable to the Trustee pursuant to 11 U.S.C. § 548(a)(2)(A) (Supp. V 1987). That defendants were represented below by counsel unfamiliar with bankruptcy law is not itself sufficient grounds for reversing the grant of summary judgment.

The Trustee argues that defendants' appeal is frivolous and seeks sanctions pursuant to Fed.R.App.P. 38. We agree, and award sanctions in the amount of $1000 plus double costs.

AFFIRMED.


Summaries of

Graulty v. Toda

United States Court of Appeals, Ninth Circuit
Nov 3, 1989
892 F.2d 82 (9th Cir. 1989)
Case details for

Graulty v. Toda

Case Details

Full title:Reynaldo D. GRAULTY, Trustee of Bishop, Baldwin, Rewald, Dillingham …

Court:United States Court of Appeals, Ninth Circuit

Date published: Nov 3, 1989

Citations

892 F.2d 82 (9th Cir. 1989)