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United States for Use and Benefit of Art Broman v. Insurance Co.

filed*fn*: February 17, 1994.

UNITED STATES FOR THE USE AND BENEFIT OF ART BROMAN, PLAINTIFF-APPELLANT,
v.
INSURANCE COMPANY OF THE WEST, A CALIFORNIA CORPORATION, AND DOES 1 THROUGH 50, INCLUSIVE; SAN DIEGO DIAMOND, A CALIFORNIA CORPORATION, DEFENDANTS-APPELLEES. SAN DIEGO DIAMOND, INC., DBA DIAMOND PACIFIC, A CALIFORNIA CORPORATION, COUNTER-CLAIMANT, V. ART BROMAN, AN INDIVIDUAL, COUNTER-DEFENDANT,



Appeal from the United States District Court for the Southern District of California. D.C. No. CV-90-1564-EJS. Edward J. Schwartz, Senior Judge, Presiding

Before: Schroeder, Canby, and Wiggins, Circuit Judges.

MEMORANDUM

Art Broman appeals pro se the district court's judgment following a bench trial in Broman's action for payment under the Miller Act and for breach of contract against San Diego Diamond, Inc. We have jurisdiction under 28 U.S.C. § 1291, and we dismiss.

On appeal, Broman restates the claims raised in his complaint before the district court and challenges the district court's findings of fact and law in favor of the defendants. Broman failed, however, to supply this court with the trial transcript. If appellant fails to supply a transcript of a district court proceeding, we may dismiss the appeal or refuse to consider the appellant's argument. See Syncom Capital Corp. v. Wade, 924 F.2d 167, 169 (9th Cir. 1991) (per curiam); Thomas v. Computax Corp., 631 F.2d 139, 141-42 (9th Cir. 1980) (dismissing pro se appellant's appeal for failure to provide transcript). Without a transcript of the trial proceedings, we cannot review Broman's claims of error. Accordingly, we dismiss Broman's appeal. See Wade, 924 F.2d at 169.*fn1

DISMISSED.

Disposition

DISMISSE ...


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