Henry Aguila, Plaintiff-appellant, v. Scott Schmeig; Mutual Life Insurance Company of New York,defendants-appellees, 108 F.3d 1384 (9th Cir. 1997)

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US Court of Appeals for the Ninth Circuit - 108 F.3d 1384 (9th Cir. 1997) Submitted March 11, 1997. *Decided March 14, 1997

Before: SNEED, LEAVY and THOMAS, Circuit Judges.


MEMORANDUM** 

Henry Aguila, an attorney proceeding pro se, appeals the district court's summary judgment dismissal of his diversity action alleging breach of oral contract and fraud. Our review of the entire record indicates the claims in Aguila's complaint were barred by the statute of limitations. See Cal.Code Civ.Pro. §§ 338, 339; Mangini v. Aerojet-General Corp., 230 Cal.App.3d. 1125, 1150 (1991). We reject Aguila's contention that the limitations period should be tolled because he was in correspondence with Mutual.

AFFIRMED.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4. Accordingly, Mutual Life Insurance Company's request for oral argument is denied

 **

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

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