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BATTLEFIELD BUILDERS, INC. v. SWANGO

No. 83-1797.

743 F.2d 1060 (1984)

BATTLEFIELD BUILDERS, INC., Appellant, v. Thomas W. SWANGO; Sarah J. Swango; Harry H. Horning; Susan M. Horning and Financial Planning Center of Manassas, Inc., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 20, 1984.

Attorney(s) appearing for the Case

Michael L. O'Reilly, Vienna, Va. (Raymond J. Diaz, Rees, Broome & Diaz, P.C., Vienna, Va., on brief), for appellant.

Brian P. Gettings, Arlington, Va. (Cohen, Gettings, Alper & Dunham, Arlington, Va., G. Robert Blakey, Notre Dame Law School, Notre Dame, Ind., on brief), for appellees.

Before WINTER, Chief Judge, CHAPMAN, Circuit Judge, and RAMSEY, District Judge.

HARRISON L. WINTER, Chief Judge:

Plaintiff sued defendants in a civil action filed under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1964(c), seeking treble damages, costs and attorney's fees. Violations of the Act were alleged to have occurred with respect to certain property transactions between the parties. The district court, however, granted a motion under Rule 12, Fed. R.Civ.P., ruling that plaintiff had not alleged facts...

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