ASSOCIATES IN ADOLESCENT PSYCHIATRY v. HOME LIFE

No. 82 C 4706.

729 F.Supp. 1162 (1989)

ASSOCIATES IN ADOLESCENT PSYCHIATRY, S.C., Marvin J. Schwarz and Joanne G. Schwarz, Trustees of the Defined Benefit and Defined Contribution Pension Plans and Trusts of Associates in Adolescent Psychiatry, S.C. and All Beneficiaries and Participants Thereunder, Plaintiffs, v. HOME LIFE INSURANCE COMPANY OF NEW YORK, a New York corporation, individually and d/b/a Qualified Pension/Profit Sharing Consultants, Inc.; Hospital Trust National Bank, a National Banking Association, Canapary Financial Corp., a corporation; Robert Canapary, individually and d/b/a Qualified Pension/Profit Sharing Consultants, Inc.; Ronald Aure, individually and d/b/a Qualified Pension/Profit Sharing Consultants, Inc.; Pension Actuaries, Inc., a corporation; Eric Kranke; Levenfeld, Kanter, Baskes and Lippitz, a partnership; and Jerry H. Biederman, Defendants.

United States District Court, N.D. Illinois, E.D.

December 19, 1989.


Attorney(s) appearing for the Case

Gregory Friedman, Coffield, Ungaretti, Harris & Slavin, Chicago, Ill., for Associates in Adolescent Psychiatry.

Ernest Irons, Peterson, Ross, Schloerb & Seidel, Chicago, Ill., for Home Life Ins. Co. of New York.

Phillip L. Harris, Winston & Strawn, J. Scott Meyers, Williams & Montgomery, Ltd., Chicago, Ill., for Hospital Trust Nat. Bank.

Barbara A. McDonald, Lord, Bissell & Brook, Chicago, Ill., for Robert Canapary and Canapary Financial Corp.

Robert Radasevich, Neal, Gerber, Eisenberg & Lurie, Chicago, Ill., for Pension Actuaries, Inc.

James O. Nolan, Clausen, Miller, Gorman, Caffrey & Witous, P.C., Chicago, Ill., for Eric Kranke.

Eugene L. Mahoney, Mahoney & Zdeb, Ltd., Kenneth R. Gaines, Altheimer & Gray, Chicago, Ill., for Levenfeld, Kanter, Baskes, Lippitz and Biederman.


MEMORANDUM OPINION AND ORDER

NORDBERG, District Judge.

I. INTRODUCTION

This case concerns three of the most fecund sources of federal litigation: securities regulation, ERISA and RICO. The Court has determined that the securities and ERISA counts are stillborn; it orders further briefing of the RICO claims to see if they survive.

The plaintiffs are Associates in Adolescent Psychiatry, S.C. ("AAP"); AAP's owner, Marvin Schwarz, and his wife...

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