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HEMMINGS v. BARIAN

No. 86-2372.

822 F.2d 688 (1987)

A.W. HEMMINGS, Plaintiff-Appellant, v. Harold BARIAN, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 12, 1987.

Attorney(s) appearing for the Case

J. Timothy Gratz, Gratz Law Office, Madison, Wis., for plaintiff-appellant.

David P. Lowe, Friebert, Finerty & St. John, S.C., Milwaukee, Wis., for defendant-appellee.

Before BAUER, Chief Judge, and CUDAHY and POSNER, Circuit Judges.

POSNER, Circuit Judge.

The plaintiff, Hemmings, filed a complaint against the defendant, Barian, in a federal district court in Wisconsin. The complaint has two counts. The first alleges a violation of the RICO statute (Racketeer Influenced and Corrupt Organizations), 18 U.S.C. §§ 1961 et seq. The second alleges common law fraud, and bases federal jurisdiction on both diversity of citizenship (28 U.S.C. § 1332) and the judge-made doctrine of...

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