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RAY v. SPIRIT AIRLINES, INC.

No. 13-15681.

767 F.3d 1220 (2014)

Bryan RAY, on behalf of himself and all others similarly situated, Gretel Dorta, et al., Plaintiffs-Appellants, v. SPIRIT AIRLINES, INC., a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 23, 2014.

Attorney(s) appearing for the Case

Joel D. Eaton , Katherine Warthen Ezell , John Gravante, III , Robert C. Josefsberg , Podhurst Orseck , PA, Miami, FL, for Plaintiff-Appellant.

Daniel T. Graham , Leslie A. Gutierrez , Clark Hill , PLC, Chicago, IL, Scott Michael Dimond , Lorenz Michel Pruss , Dimond Kaplan & Rothstein, PA, Miami, FL, for Defendant-Appellee.

Before HULL, MARCUS and HILL, Circuit Judges.

MARCUS, Circuit Judge:

Plaintiffs commenced this civil suit against Spirit Airlines, Inc. ("Spirit") under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961-68, alleging that Spirit conducted an enterprise by means of racketeering activity — here, two or more predicate acts of mail and wire fraud involving the concealment and misrepresentation of airfares and user fees. The district court dismissed the action, ruling...

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