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SIMPSON ELEC CORP v. LEUCADIA

128 A.D.2d 339 (1987)

Simpson Electric Corporation, Respondent, v. Leucadia, Inc., Defendant and Third-Party Plaintiff-Appellant, et al., Defendant, et al., Third-Party Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 18, 1987

Attorney(s) appearing for the Case

Butler, Fitzgerald & Potter, P. C. (Raymond Fitzgerald, Andrew W. Sidman and Deborah Doty of counsel), for appellant.

Barr & Faerber (Joseph J. Haspel of counsel), for respondent.

RUBIN and KUNZEMAN, JJ., concur with THOMPSON, J. P.; SPATT, J., dissents and votes to reverse the order insofar as appealed from, on the law, and deny the branch of the plaintiff's motion which was to dismiss the fifth counterclaim of the appellant, alleging a violation of the Racketeer Influenced and Corrupt Organizations Act (RICO; 18 USC § 1961 et seq.), with an opinion in which EIBER, J., concurs.

THOMPSON, J. P.

The issue with which we are confronted on this appeal is a question of first impression in this judicial department: whether State courts enjoy concurrent jurisdiction with Federal courts over civil claims under the Racketeer Influenced and Corrupt Organizations Act (hereinafter RICO) (18 USC §§ 1961-1968). We find that the structure and language of that Act, viewed together with its...

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