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MARSHALL-SILVER CONST. CO., INC. v. MENDEL

No. 87-1187.

835 F.2d 63 (1987)

MARSHALL-SILVER CONSTRUCTION COMPANY, INC. and Silver Construction Inc., Appellants, v. MENDEL, M. Mark, Individually Murray, Daniel E., Individually M. Mark Mendel, LTD.

United States Court of Appeals, Third Circuit.

Decided December 9, 1987.

Rehearing and Rehearing Denied January 5, 1988.

Attorney(s) appearing for the Case

Richard M. Jordon (argued), David E. Sandel, Jr., White and Williams, Philadelphia, Pa., for appellants.

H. Robert Fiebach (argued), David I. Bookspan, Wolf, Block, Schorr and Solis-Cohen, Philadelphia, Pa., for appellees.

Before WEIS and STAPLETON, Circuit Judges, and DIAMOND, District Judge.

Rehearing and Rehearing En Banc Denied January 5, 1988.

OPINION OF THE COURT

STAPLETON, Circuit Judge.

In this appeal, we once again confront the question of what constitutes a pattern of racketeering activity under the Racketeer Influenced and Corrupt Organizations statute, 18 U.S.C. §§ 1961-1968 (1982 & 1986 Supp.) (RICO). Because we conclude that the allegations of racketeering activity in this case, even if proven to be true,

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