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FOVAL v. FIRST NAT. BANK OF COMMERCE IN NEW ORLEANS

No. 86-3894.

841 F.2d 126 (1988)

Donald R. FOVAL, Plaintiff-Appellant, v. FIRST NATIONAL BANK OF COMMERCE IN NEW ORLEANS, and Robert D. Brown, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 1, 1988.

Attorney(s) appearing for the Case

Nathan Greenberg, Greenberg & Dallam, Gretna, La., for Foval.

R. Patrick Vance, Elizabeth J. Futrell, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, David Israel, William J. Gibbons, Jr., New Orleans, La., for First Nat. Bank of Commerce in New Orleans.

Brian J. Waid, Bubrig & Scandurro, Buras, La., for Robert D. Brown.

Before RUBIN, GARZA, and JONES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

Concluding that there was no issue of material fact as to the existence of an "enterprise," the district court granted summary judgment on plaintiff's civil RICO claim, 18 U.S.C. § 1961 et seq., and dismissed, without prejudice, plaintiff's remaining pendent state law claims. The court also assessed sanctions against plaintiff in the amount of $7,101.17. Foval now appeals challenging both...

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