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FIRST NAT. BANK OF CLEVELAND v. SMITH MOTOR CO.

Civ. A. No. B-85-1089-CA.

633 F.Supp. 621 (1986)

FIRST NATIONAL BANK OF CLEVELAND v. SMITH MOTOR COMPANY, INC., and Louis Smith.

United States District Court, E.D. Texas, Beaumont Division.

April 24, 1986.

Attorney(s) appearing for the Case

Robert D. Daniel, Roger P. Balog, Saccomanno, Clegg, Martin & Kipple, Houston, Tex., for plaintiff.

MEMORANDUM OPINION

COBB, District Judge.

In this action, plaintiff First National Bank of Cleveland has filed an action based upon RICO, and various state law and common law claims against defendants Smith Motor Co., Inc., and Louis Smith. The basis of the action was a check kiting scheme implemented by Louis Smith using Smith Motor Company accounts in a manner which constituted numerous acts of mail fraud. For reasons explained herein, plaintiff's RICO...

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