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McCARTER v. MITCHAM

No. 88-3654.

883 F.2d 196 (1989)

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

United States Court of Appeals, Third Circuit.

Decided August 16, 1989.

Rehearing and Rehearing Denied September 12, 1989.

Attorney(s) appearing for the Case

James R. Walczak (argued), Irving O. Murphy, MacDonald, Illig, Jones and Britton, Erie, Pa., for appellants.

Mark S. Gurevitz (argued), Edward C. Mengel, Jr., White and Williams, Philadelphia, Pa., for Merle B. Mitcham and Butcher and Singer, Inc.

Richard W. Kooman, II, Clarion, Pa., for Thomas Gabreski.

Before SLOVITER, BECKER and WEIS, Circuit Judges.

Rehearing and Rehearing In Banc Denied September 12, 1989.

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal from a judgment of the district court, dismissing on grounds of res judicata and the statute of limitations, a securities fraud suit, brought under the civil RICO statute and federal securities law, presents three interesting questions. First, we must determine whether a dismissal for failure to file a complaint within the time limit...

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