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SWISTOCK v. JONES

No. 88-3517.

884 F.2d 755 (1989)

James W. SWISTOCK, individually, James W. Swistock and Peter R. Swistock, Sr., trading as Peter R. Swistock, Sr., and James W. Swistock, Partnership, a Pennsylvania General Partnership, and Swistock Associates Coal Corporation, Appellants, v. E.L. JONES, Hazel A. Jones, Ace Drilling Company, Inc., and South Fork Equipment, Inc.

United States Court of Appeals, Third Circuit.

Decided September 15, 1989.

Attorney(s) appearing for the Case

Stephen C. Braverman, Gary R. Leadbetter, Brian P. Kenney, Baskin Flaherty Elliott & Mannino, P.C., Philadelphia, Pa., for appellants.

Robert G. Rose, Spence, Custer, Saylor, Wolfe & Rose, Johnstown, Pa., for appellees.

Before SLOVITER and BECKER, Circuit Judges, and BARRY, District Judge.

Submitted under Third Circuit Rule 12(6) December 5, 1988.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

This appeal presents the now-familiar issue of what constitutes a "pattern of racketeering activity" for purposes of civil RICO. Plaintiffs/appellants argue that their complaint alleging defendants' commission of various acts of wire and mail fraud as part of a scheme to defraud in connection with defendants' lease of coal producing...

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