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BURDICK v. AMERICAN EXP. CO.

No. 1227, Docket 88-7216.

865 F.2d 527 (1989)

D. Lawrence BURDICK, Plaintiff-Appellant, v. AMERICAN EXPRESS COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 13, 1989.

Attorney(s) appearing for the Case

Andrew S. O'Connor, New York City (Liddle & O'Connor, Grais & Richards, New York City, of counsel), for plaintiff-appellant.1

Gerald Kerner, New York City (Brett F. Summers, Willkie Farr & Gallagher, New York City, of counsel), for defendant-appellee.

Before VAN GRAAFEILAND, MINER and MAHONEY, Circuit Judges.

PER CURIAM:

Plaintiff-appellant D. Lawrence Burdick appeals from a judgment of the United States District Court for the Southern District of New York, Charles L. Brieant, Chief Judge, dismissing his civil RICO complaint pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief could be granted, on the ground that Burdick lacked standing to sue under 18 U.S.C. § 1964(c) (1982). 677 F.Supp. 228

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