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FURMAN v. CIRRITO

No. 1261, Docket 84-7113.

741 F.2d 524 (1984)

Aaron J. FURMAN, Alvin Katz, Francis P. Maglio, Martin J. Joel, Jr., Harvey Sheid, Everard M.C. Stamm, Robert C. Stamm, Plaintiffs, Martin J. Joel, Jr., Harvey Sheid, Everard M.C. Stamm, Robert C. Stamm, Plaintiffs-Appellants, v. John CIRRITO, Harold S. Coleman, John A. Miller, Francis G. Rea, Peter M. Toczek, A.J. Yorke, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 27, 1984.

Attorney(s) appearing for the Case

Seymour Shainswit, New York City (Melanie L. Golden, Kronish, Lieb, Shainswit, Weiner & Hellman, New York City, of counsel), for plaintiffs-appellants.

Max Gitter, New York City (William P. Farley, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, of counsel), for defendants-appellees.

Before CARDAMONE, PRATT, JJ., and DANIEL M. FRIEDMAN, of the United States Court of Appeals for the Federal Circuit, sitting by designation, Circuit Judges.

GEORGE C. PRATT, Circuit Judge.

The main issue on this appeal is one of considerable importance in view of the rapidly growing number of civil actions based on 18 U.S.C. § 1964(c), commonly known as "civil RICO". That issue is whether a plaintiff, in order to state a claim under § 1964(c), must allege a "separate, distinct racketeering enterprise injury", above and beyond the injury caused by the predicate acts of racketeering activity. Noting that the damage...

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