GARWOOD, Circuit Judge:
Plaintiff-appellant Old Time Enterprises, Inc. (OTE), a debtor in possession under Chapter 11 of the Bankruptcy Code, appeals the dismissal pursuant to Fed.R.Civ.P. 12(b)(6) of its action for civil damages for violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961-1968, and the remand to the bankruptcy court of its pendent state law claims. We modify and affirm.
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