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TOWN OF KEARNY v. HUDSON MEADOWS URBAN RENEWAL

No. 87-5044.

829 F.2d 1263 (1987)

The TOWN OF KEARNY, A Municipal Corporation of New Jersey v. HUDSON MEADOWS URBAN RENEWAL CORP. formerly known as Mimi Urban Renewal Development Corp.; Dolores Turco, Individually, Jeryl Industries, Inc., A Corporation of New Jersey, Mimi Urban Renewal Development Corp., Formerly Mimi Development Corp., A Corporation of New Jersey Mimi Redevelopment Associates, I, A Partnership of New Jersey, 3rd party Pltfs. v. David ROWLANDS, Edmund Grimes and James Testa, 3rd party Defts. Hartz Mountain Industries, Inc., a New York Corporation (Intervening Pltf.) Appeal of HARTZ MOUNTAIN INDUSTRIES, INC., Plaintiff-Intervenor, Appellant.

United States Court of Appeals, Third Circuit.

Decided September 25, 1987.

Attorney(s) appearing for the Case

Bruce H. Nagel (argued), David W. Lentz, Nagel & Rice, West Orange, N.J., for Jeryl Industries, Inc. and Jerry Turco.

Michael R. Perle (argued), Hayden and Perle, Hoboken, N.J., for Dolores Turco.

Alan Dexter Bowman, Newark, N.J., for Mimi Development Corp., et al.

Kenneth D. McPherson, Jr. (argued), Waters, McPherson, McNeill, Secaucus, N.J., for Hartz Mountain Industries, Inc.

Before GIBBONS, Chief Judge, WEIS, Circuit Judge, and GILES, District Judge.

GIBBONS, Chief Judge.

Hartz Mountain Corp. (Hartz), an intervenor, appeals from a summary judgment dismissing its claim for damages under the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§ 1961-1968 (1982 & Supp. IV 1986) (RICO). The original RICO complaint was filed by the Town of Kearny, New Jersey, 648 F.Supp. 1412.1 Hartz intervened of right, and filed a four count...

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