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PALUMBO v. I.M. SIMON & CO.

No. 88 C 4282.

701 F.Supp. 1407 (1988)

Frank PALUMBO and Michael Palumbo, Plaintiffs, v. I.M. SIMON & CO., et al., Defendants.

United States District Court, N.D. Illinois, E.D.

December 29, 1988.

Attorney(s) appearing for the Case

Barry T. McNamara, Samuel T. Brkich, D'Ancona & Pflaum, Chicago, Ill., for plaintiffs.

Gregory D. Hoffmann, Gerald P. Greiman, Green, Hoffmann & Dankenbring, St. Louis, Mo., Jeffrey T. Gilbert, Sachnoff, Weaver & Rubenstein, Ltd., Chicago, Ill., for defendants.

MEMORANDUM ORDER

BUA, District Judge.

Plaintiffs' amended complaint alleges a violation of the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. §§ 1961-1968 (1982), and asserts common law claims of fraud, negligence, negligent supervision, and breach of fiduciary duty. Defendants, arguing that plaintiffs' allegations fail to state a RICO claim and federal jurisdiction is lacking for the common law claims, have moved to dismiss...

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