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SUN SAV. AND LOAN ASS'N v. DIERDORFF

No. 86-5811.

825 F.2d 187 (1987)

SUN SAVINGS AND LOAN ASSOCIATION, a corporation, Plaintiff-Appellant, v. Daniel W. DIERDORFF; Mary Dierdorff, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 7, 1987.

Attorney(s) appearing for the Case

David E. Lundin, Finley, Kumble, Wagner, Heine, Underberg, Manley, Myerson & Casey, San Diego, Cal., for plaintiff-appellant.

Virginia R. Gilson, San Diego, Cal., for defendants-appellees.

Before PREGERSON and NORRIS, Circuit Judges, and BURNS, District Judge.

PREGERSON, Circuit Judge:

Appellant Sun Savings & Loan Association ("Sun") brought an action against appellee Daniel Dierdorff ("Dierdorff"), Sun's former president, alleging that Dierdorff violated the federal Racketeering Influenced and Corrupt Organizations Act ("RICO").1 The alleged racketeering activity consisted of four letters written by Dierdorff to various entities. In the letters, Dierdorff allegedly sought to cover up

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