936 F2d 581 Zucker v. Del E Webb Corporation K

936 F.2d 581

Unpublished Disposition

Murray ZUCKER, Jack Nussbaum, Plaintiffs-Appellants,
v.
DEL E. WEBB CORPORATION, Robert K. Swanson, Defendants-Appellees.

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.

1

No. 90-15628.

2

United States Court of Appeals, Ninth Circuit.

Argued and Submitted June 12, 1991.
Decided June 18, 1991.

3

Before BRUNETTI and RYMER, Circuit Judges, and SHANSTROM,* District Judge.

4

MEMORANDUM**

5

We affirm the summary judgment on the federal claims for the reasons stated in the district court's memorandum and order, filed April 9, 1990. We affirm dismissal of the pendent state claim because the district court did not abuse its discretion in deciding to dismiss it. United Mine Workers of Am. v. Gibbs, 383 U.S. 715, 726 (1966); see Wren v. Sletten Constr. Co., 654 F.2d 529, 536 (9th Cir.1981) (district court's dismissal of pendent claims upheld where state law issues had neither been briefed nor argued in federal court).

6

AFFIRMED.

*

The Honorable Jack D. Shanstrom, United States District Judge for the District of Montana, sitting by designation

**

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