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COLUMBIA NATURAL RESOURCES, INC. v. TATUM

No. 93-4299.

58 F.3d 1101 (1995)

COLUMBIA NATURAL RESOURCES, INC.; Stocker & Sitler Oil Company, Plaintiffs-Appellants, v. Zachary TATUM; Strata Exploration, Inc.; Tatum Petroleum Ohio, Inc.; Tatum Petroleum Corporation, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided July 11, 1995.

Rehearing and Suggestion for Rehearing Denied September 5, 1995.

Attorney(s) appearing for the Case

David D. Noble, Noble & Sullivan, Cleveland, OH, Jo Ellen Diehl Yeary, Columbia Natural Resources, Inc., Charleston, WV, for Columbia Natural Resources, Inc.

David D. Noble (argued and briefed), John E. Sullivan, III (briefed), Noble & Sullivan, Cleveland, OH, Jo Ellen Diehl Yeary, Columbia Natural Resources, Inc., Charleston, WV, for Stocker & Sitler Oil Co.

Jack R. Baker, Baker, Meekison & Dublikar, Canton, OH (argued and briefed), for defendants-appellees.

Before: MILBURN, BOGGS, and NORRIS, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied September 5, 1995.

BOGGS, Circuit Judge.

Columbia Natural Resources, Inc. and Stocker & Sitler Oil Company appeal an order holding that the phrase "pattern of racketeering activity" in the RICO statute, 18 U.S.C. § 1962(c), is "void for vagueness" as applied to these defendants and granting a motion to dismiss for failure to state a claim under Fed.R.Civ.P. 12(b)(6). For the reasons set out below...

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