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ELLIOTT v. FOUFAS

No. 87-3653.

867 F.2d 877 (1989)

Mary E. ELLIOTT and M.E. Elliott, Inc., Plaintiffs-Appellants, v. Plato FOUFAS, Individually and d/b/a Plato Foufas & Co., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 15, 1989.

Attorney(s) appearing for the Case

Louis R. Koerner, Jr., New Orleans, La., for plaintiffs-appellants.

Brian P. Charbongau, and Paul J. Mirabile, Metairie, La., for Plato Foufas, Grodsky, Barrios, Middleberg & Riddle & First Federal Sav. Bank.

Roy Cheatwood, Thomas K. Potter, III, and Pauline F. Hardin, New Orleans, La., for Grodsky, Barrios & Middleberg & Riddle.

Before CLARK, Chief Judge, GOLDBERG and GARWOOD, Circuit Judges.

CLARK, Chief Judge:

Mary Elliott appeals the dismissal by the district court of her claims pursuant to Fed.R.Civ.P. 12(b)(6) and the accompanying dismissal of pendent state law claims for lack of jurisdiction. This action is bottomed in contract claims for real estate commissions cast as violations of the Racketeering Influenced and Corrupt Organizations Act (RICO). Because Elliott failed to plead necessary predicate acts, the existence of an enterprise, and other...

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