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GENTY v. RESOLUTION TRUST CORP.

No. 90-5521.

937 F.2d 899 (1991)

Frank and Seba GENTY and Jamie and Frank Genty, Jr., infants, by their parents and natural guardians, Frank and Seba Genty, Appellants, v. RESOLUTION TRUST CORPORATION, Receiver of City Federal Savings Bank (successor in interest to City Federal Savings and Loan Association; Diamond Crest Inc.; Anna Oliveri; Vicky Gonzales; Realty Abstract Company; Estate of Thomas Oliveri; Township of Gloucester; and Estate of James Joyce.

United States Court of Appeals, Third Circuit.

Decided July 8, 1991.

Attorney(s) appearing for the Case

Rogert J. Sugarman (argued), Sugarman & Associates, Philadelphia, Pa., for appellants.

Ann S. Duross, Asst. Gen. Counsel, Colleen B. Bombardier, Sr. Counsel, Maria Beatrice Valdez, Counsel (argued), Resolution Trust Corp., Washington, D.C., for Victoria Gonzalez and Resolution Trust Corp. as Receiver for City Federal Sav. & Loan Assn.; Thomas W. Sweet, Sweet & Connelly, Clinton, N.J., of counsel.

Robert V. Paschon (argued), Paschon and Feurey, Toms River, N.J., for Township of Gloucester.

Kevin M. Hart (argued), Stark & Stark, Princeton, N.J., for Yei-Shong Shieh.

Before STAPLETON, COWEN, and ROSENN, Circuit Judges

OPINION OF THE COURT

ROSENN, Circuit Judge.

The major question in this appeal, a matter of first impression in this court, is whether civil liability under the Racketeer Influenced and Corrupt Organizations (RICO) statute, 18 U.S.C. §§ 1961-1968, can be imposed on a municipality for the predicate acts of its officers or agents. The plaintiffs, who purchased property in a development near a toxic landfill, in 1983 brought suit in the United States...

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