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McCULLOUGH v. SUTER

No. 84-1516.

757 F.2d 142 (1985)

R.D. McCULLOUGH, II, and Utica National Bank, as trustee of the R.D. McCullough, II, Self Employed Retirement Plan, Plaintiffs-Appellees, v. Richard W. SUTER, d/b/a National Investment Publishing Company, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 13, 1985.

Attorney(s) appearing for the Case

Gordon J. Arnett, Chicago, Ill., for defendant-appellant.

Charles L. Glick, Burke, Bosselman, Freivogel, Weaver, Glaves & Ryan, Chicago, Ill., for plaintiffs-appellees.

Before CUDAHY, POSNER, and FLAUM, Circuit Judges.

POSNER, Circuit Judge.

The question for decision — one of first impression so far as we are able to determine — is whether a sole proprietorship can be an "enterprise" with which its proprietor can be "associated" within the meaning of a provision of the Racketeer Influenced and Corrupt Organizations Act (Title IX of the Organized Crime Control Act of 1970), 18 U.S.C. § 1962(c), which makes it "unlawful for any person employed by or associated with...

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