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McCARTER v. MITCHAM

Civ. A. No. 87-34 ERIE.

693 F.Supp. 349 (1988)

Samuel B. McCARTER, First Seneca Bank & Trust Co. and Allan Levine co-executors of the Estate of Dr. Leo Levine and Olive M. Heck v. Merle B. MITCHAM, Butcher & Singer, Inc., and Thomas Gabreski.

United States District Court, W.D. Pennsylvania.

August 31, 1988.

Attorney(s) appearing for the Case

Irving O. Murphy, James R. Walczak, MacDonald Illig Jones & Britton, Erie, Pa., for plaintiffs.

Edward C. Mergel, Jr., Philadelphia, Pa., Richard W. Kooman, Clarion, Pa., for defendants.

OPINION

GERALD J. WEBER, District Judge.

We previously dismissed this federal securities fraud and RICO action based on the res judicata effect of a state court order dismissing an earlier state court action. In the earlier suit these same plaintiffs asserted claims based on the same events described in this action. Pending at this time is plaintiffs' motion for reconsideration.

FACTS

This case has a rather tortuous history and for the...

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