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NATIONAL ENTERPRISES v. MELLON FINANCIAL SERVICES

No. 87-3310.

847 F.2d 251 (1988)

NATIONAL ENTERPRISES, INC., Plaintiff-Appellant, v. MELLON FINANCIAL SERVICES CORP. NUMBER 7, R. Allen Forbes and Aetna Casualty & Surety, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 17, 1988.

Attorney(s) appearing for the Case

Richard L. Weil, Guste, Barnett & Shushan, New Orleans, La., for plaintiff-appellant.

Henry W. Kinney, III, Kinney & Marshall, New Orleans, La., for R. Allen Forbes.

Donald A. Meyer, Shushan, Meyer, Jackson, McPherson & Herzog, New Orleans, La., for Mellon.

Before WISDOM, REAVLEY and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

National Enterprises, Inc. sold building materials to a construction company, G & N Enterprises, which later filed a petition in bankruptcy without paying for the supplies. National brought this RICO action against G & N's primary lender, Mellon Financial Services Corporation Number 7, and its loan officer, R. Allen Forbes. The RICO theory argued is that Forbes, in requiring kickbacks as a condition of loans to G & N, injured...

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