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MARSHALL-SILVER CONST. CO., INC. v. MENDEL

No. 87-1187.

894 F.2d 593 (1990)

MARSHALL-SILVER CONSTRUCTION COMPANY, INC. and Silver Construction, Inc., Appellants, v. M. Mark MENDEL, Daniel E. Murray, and M. Mark Mendel Ltd., Appellees.

United States Court of Appeals, Third Circuit.

Opinion December 9, 1987.

Decided January 18, 1990.

Attorney(s) appearing for the Case

Richard M. Jordan, David E. Sandel, Jr., White and Williams, Philadelphia, Pa., for appellants.

H. Robert Fiebach, David I. Bookspan, Wolf, Block, Schorr and Solis-Cohen, Philadelphia, Pa., for appellees.

Before STAPLETON and WEIS, Circuit Judges, and DIAMOND, District Judge.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

In Marshall-Silver Constr. Co. v. Mendel, 835 F.2d 63 (3d Cir.1987), this court affirmed the dismissal of a claim under the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. §§ 1961-68 (1982 ed. and Supp. V), based on the defendants' allegedly extortionate attempt to drive the plaintiff out of business. We concluded that the plaintiff's...

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