No. 89 CV 4257.

742 F.Supp. 1209 (1990)

NORSTAR BANK, Plaintiff, v. James A. PEPITONE, Lawrence Amaturo, Marina Del Mar, Inc., and Rivkin, Radler, Dunne & Bayh, Defendants.

United States District Court, E.D. New York.

July 17, 1990.

Attorney(s) appearing for the Case

Cleary, Gottlieb, Steen & Hamilton, New York City, for plaintiff.

Hall, Dickler, Lawler, Kent & Friedman, New York City, for defendants Pepitone and Marina Del Mar, Inc.


PLATT, Chief Judge.

Defendants James A. Pepitone and Marina Del Mar move to dismiss plaintiff's complaint pursuant to Rules 12(b)(6) and 9(b) of the Federal Rules of Civil Procedure. Plaintiff's complaint claims that (i) defendant Pepitone violated the Racketeer Influenced and Corrupt Organizations Act, ("RICO")1, (ii) defendant Pepitone committed fraud, (iii) defendant Pepitone committed conversion...

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