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AETNA CAS. AND SUR. CO. v. LIEBOWITZ

No. 606, Docket 83-7728.

730 F.2d 905 (1984)

The AETNA CASUALTY AND SURETY COMPANY, Plaintiff-Appellant, v. Stuart E. LIEBOWITZ, d/b/a Claridge Agency Ltd., Claridge Brokerage, Inc., Andrew Brokerage, Inc., Dina Brokerage, Inc., Eric Brokerage, Inc., Jeffrey Brokerage, Inc., Kevin Brokerage, Inc., Lisa Brokerage, Inc., Marian Brokerage, Inc., Mickie Brokerage, Inc., and Robin Brokerage, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 26, 1984.

Attorney(s) appearing for the Case

Marvin Wexler, New York City (Karen Shatzkin, Kornstein, Meister & Veisz, New York City, of counsel), for plaintiff-appellant.

Richard S. Mezan, New York City (Martin R. Pollner, William M. Pinzler, Pollner, Mezan & Stolzberg, P.C., New York City, of counsel), for defendants-appellees.

Before MANSFIELD, PIERCE and WINTER, Circuit Judges.

MANSFIELD, Circuit Judge:

This appeal raises a question of first impression: whether a plaintiff who obtains a preliminary injunction in a civil action under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961-1968, and then settles the case, is entitled to an attorney's fee award. Plaintiff Aetna Casualty and Surety Company ("Aetna") appeals from a decision of the Eastern District of New York, Circuit Judge George C. Pratt,...

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