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BLOUNT FINANCIAL SERV. v. WALTER E. HELLER & CO.

No. 86-5342.

819 F.2d 151 (1987)

BLOUNT FINANCIAL SERVICES, INC., a corporation; BFS Finance, Inc., a corporation; David Aultom and Jean Aultom, Plaintiffs-Appellants, v. WALTER E. HELLER AND COMPANY, a foreign corporation and Lowell Crabtree, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided May 27, 1987.

Attorney(s) appearing for the Case

Philip R. Russ, argued, Amarillo, Tex., James D. Fox, Knoxville, Tenn., for plaintiffs-appellants.

L. Caesar Stair III, Knoxville, Tenn., Rene A. Torrado, argued, Chicago, Ill., W. Morris Kizer, argued, L. Crabtree, Knoxville, Tenn., for defendants-appellees.

Before MERRITT and NELSON, Circuit Judges, and CONTIE, Senior Circuit Judge.

MERRITT, Circuit Judge.

Plaintiffs sue the two defendants for violation of the Sherman Act and the Racketeer Influence and Corrupt Organizations Act, "RICO," in an action arising from a financing contract in which the defendant, Heller, loaned money to plaintiffs for their industrial thrift operations. The contract provided for interest based on adjusting upward the rate that the Continental Illinois Bank charged its most credit worthy customers. The gravamen of the...

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