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PETRO-TECH, INC. v. WESTERN CO. OF NORTH AMERICA

No. 86-3361.

824 F.2d 1349 (1987)

PETRO-TECH, INC., Robert Chuckrow, Gary Goldberg, Sterling Keystone Development, Inc., S. David Friedman, Mallory Group & Company, Inc., John E. Karpac, Financial Programs, Inc., Hummingbird Associates, Inc., Sterling Keystone Services, Inc., Howard L. Ragsdale, Rock Ridge Drilling Associates, Northeast Drilling Associates, L.P., Pine Valley Drilling Associates, L.P., G.G.-I Drilling Associates, L.P., Mountain Drilling Associates, L.P., B.C.-I Drilling Associates, L.P., Sterling Keystone Drilling Associates, 1982-B, Sterling Keystone Drilling Associates, 1982-C, and CDA Drilling Associates, L.P., Appellants, v. The WESTERN COMPANY OF NORTH AMERICA, Joseph Farina, Barry R. Rodkey, Glen Konya, Matt Boese, Fred E. Schriefer, Richard D. Rowell, Michael W. Dory, and John Does Nos. One Through Twenty-Five, Appellees.

United States Court of Appeals, Third Circuit.

Decided July 13, 1987.

Rehearing and Rehearing Denied August 12, 1987.

Attorney(s) appearing for the Case

Arthur M. Schwartzstein (argued), Donald L. Herskovitz, Battaglia and Herskovitz, Washington, D.C., Roger H. Taft, MacDonald, Illig, Jones & Britton, Erie, Pa., for appellants.

James T. Marnen (argued), Sean J. McLaughlin, Know Graham McLaughlin Gornall and Sennett, Inc., Erie, Pa., for appellees.

Before SEITZ, BECKER and MANSMANN, Circuit Judges.

Rehearing and Rehearing In Banc Denied August 12, 1987.

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal from the dismissal of plaintiffs' complaint in a civil RICO case for failure to state a claim, Fed.R.Civ.P. 12(b)(6), raises important questions concerning the role of aiding and abetting and vicarious liability under the civil RICO statute, 18 U.S.C. §§ 1961 et seq. Defendants seek to justify the complaint's dismissal on several...

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