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MILLER v. YOKOHAMA TIRE CORP.

No. 02-56722.

358 F.3d 616 (2004)

Christopher MILLER, Plaintiff-Appellant, v. YOKOHAMA TIRE CORPORATION, a California corporation; Stephen L. Kessing; James MacMaster; Rick Brennan; Philip L. Siracuse; Chikara Cheech Yamauchi; Highway Performance Company, Limited, a California corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 12, 2004.

Attorney(s) appearing for the Case

William L. Zeltonoga and Richard Ross, Los Angeles, CA, for the plaintiff-appellant.

Don A. Proudfoot, Jr., James H. Broderick, Jr., and Benjamin E. Goldman, Squire, Sanders & Dempsey L.L.P., Los Angeles, CA, for the defendants-appellees.

Before: BRIGHT, O'SCANNLAIN, and McKEOWN, Circuit Judges.

Argued and Submitted November 3, 2003 — Pasadena, California.

Opinion by Judge McKeown.

OPINION

McKEOWN, Circuit Judge.

This case involves an effort to transform a California state law wage and hour claim into a federal RICO claim under 18 U.S.C. § 1962(c) and (d). Christopher Miller alleges that he is a victim of a mail fraud scheme by Yokohama Tire Corporation and its managers, who misrepresented his entitlement to overtime...

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