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ARAI v. LEFF

No. 01-56405.

316 F.3d 1066 (2003)

Hideo ARAI; Mitsuko Arai, individuals, Plaintiffs-Appellees, v. AMERICAN BRYCE RANCHES INC., a Nevada Corporation; Clark R. Powell, an individual; Jack Nester, an individual; James Hirtle, an individual dba Re Max Realtors of Pacos Verde Peninsula; Joan Young Won Choi, dba Re Max Realtors of Pacos Verde Peninsula; Barbara Pazanowski, an individual; Kinko Kurohara, an individual; Takako Hamachi, Defendants, v. Nester Leff, an individual, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 21, 2003.

Attorney(s) appearing for the Case

Ernest Leff, Beverly Hills, CA, argued the cause and filed briefs in pro per.

John Kralik, Los Angeles, CA, argued the cause for plaintiffs/appellees; Dane L. Miller, Miller Tokuyama Kralik & Sur, filed a brief.

Before: REINHARDT, O'SCANNLAIN and PAEZ, Circuit Judges.

OPINION

O'SCANNLAIN, Circuit Judge:

We must decide whether the district court abused its discretion by denying a motion to reopen the time for appeal because, in its opinion, the grounds for the underlying appeal were meritless.

I

In 1992, Hideo and Mitsuko Arai (collectively "the Arais") sued Ernest Leff1 for fraud and deceit in the Central District of California. During the pendency of the suit, Leff filed...

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