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BAISCH v. GALLINA

Docket No. 02-9047.

346 F.3d 366 (2003)

Mark E. BAISCH, Plaintiff-Appellant, v. Frank G. GALLINA, McKinnon-Doxsee Insurance Agency, Inc., Peter G. Rubino, Jr., Peter G. Rubino, Sr., and John Does 1-25, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 2, 2003.

Attorney(s) appearing for the Case

Joseph F. Donley, Swidler Berlin Shereff Friedman, LLP, (Robert W. Topp, on the brief) New York, NY, for Appellant.

Stephen C. Cunningham, Lustig & Brown, (Benjamin J. Stone, on the brief) New York, NY, for Appellees Gallina and McKinnon-Doxsee Insurance Agency, Inc.

Edward M. Gould, Islip, NY, for Appellees the Rubinos.

Before: WALKER, Chief Judge, JACOBS and CALABRESI, Circuit Judges.

JOHN M. WALKER, JR., Chief Judge.

Plaintiff-appellant Mark Baisch appeals from the judgment of the United States District Court for the Eastern District of New York (William D. Wall, Magistrate Judge), (1) granting the motion for summary judgment by defendants-appellees Frank Gallina and McKinnon-Doxsee Insurance Agency, Inc., on the grounds that Baisch did not have standing under the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. &...

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