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SEVILLE INDUS. MACHINERY v. SOUTHMOST MACHINERY

No. 83-5575.

742 F.2d 786 (1984)

SEVILLE INDUSTRIAL MACHINERY CORP., Appellant v. SOUTHMOST MACHINERY CORP., Tri-State Machinery Corp., Norman Gellman, individually and doing business as Southmost Machinery Corp., and Tri-State Machinery Corp., and Paolo Alfieri, individually and doing business as Southmost Machinery Corp.

United States Court of Appeals, Third Circuit.

Decided September 6, 1984.

As Amended September 17, 1984.

Attorney(s) appearing for the Case

Arthur H. Rosenberg (argued), New York City, for appellant.

Michael B. Himmel (argued), Alain Leibman, Greenbaum, Greenbaum, Rowe, Smith, Bergstein, Yohalem & Bruck, Newark, N.J., for appellees.

Before GIBBONS and HUNTER, Circuit Judges, and SYLVIA H. RAMBO, District Judge.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

This appeal arises from a dismissal with prejudice of a civil complaint charging violations of the federal Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. §§ 1961-1968 (1982), along with pendent state claims for fraud, breach of contract, and conversion. These claims arose from a series of transactions spanning a twenty-one month period and involving the sale of some...

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