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PLAINS RESOURCES, INC. v. GABLE

No. 84-2037.

782 F.2d 883 (1986)

PLAINS RESOURCES, INC., a Delaware corporation, Plaintiff-Appellant, v. John R. GABLE, J. Alan Gable, Ron Young, Terry Reed, Alan Gable Oil Development Co., Hunt Oil Company, Oil Development Co., Deep Rock Oil Company, Globe Drilling Co., Royal Development Corp., Oil Field Trucking Co., Hi-Light Drilling Co., Inc., Anaconda Oil Co., American Standard Oil Co., Gable Trucking Co., Gable Drilling Co., Colorado Empire Drilling Co., Rocky Mountain Drilling Company, Reserve Drilling Corporation, Alan C. Wassenberg, Oscar Brown, James Moreland, Ming T. Lee, and individually and as Trustees of the Gable Family Trust, Joann Gable, Judy Gable and, as Trustee of the Gable Family Trust, Diana Gable, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

January 24, 1986.

Attorney(s) appearing for the Case

Mark E. Herlihy, New York City (Dennis J. Drebsky of Skadden, Arps, Slate, Meagher & Flom, New York City, and Hardin Holmes and Kenneth L. Starr of Holmes & Starr, Denver, Colo., were also on brief), for plaintiff-appellant Plains Resources, Inc.

James W. Heyer, Denver, Colo. (O. Jackson Cook of Jackson Cook and Associates, Atlanta, Ga., was also on brief), for defendants-appellees John R. Gable, et al.

Mary Jo Duckworth, Denver, Colo. (Scott Gelman of Greengard & Senter, Denver, Colo., was also on brief), for defendant-appellee James Moreland.

Before HOLLOWAY, Chief Judge, and LOGAN, Circuit Judge, and SEAY, District Judge.

HOLLOWAY, Chief Judge.

Plaintiff Plains Resources, Inc. (Plains), appeals the district court's dismissal under F.R.C.P., Rule 12(b)(6) of the first four causes of action of its amended complaint, which allege violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1961 et seq. (RICO), and the Colorado Organized Crime Control Act, §§ 18-17-101 to 109, 8 C.R.S. ("COCCA"). The district court dismissed these claims on the...

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