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MARRIOTT BROS. v. GAGE

No. 89-1818.

911 F.2d 1105 (1990)

MARRIOTT BROTHERS, J.R. Marriott, L & R Development, and Marock, Inc., Plaintiffs-Appellants, v. Coke L. GAGE, Gage Resources, Edward C. Nash, Jr., BancTexas Group, Inc., Federal Deposit Insurance Corporation, Mega Resources, Inc., Norman G. Harnage, as Trustee of the Collins Children's Trusts, Steve W. Collins, and Bennett-Carder & Associates, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 10, 1990.

Attorney(s) appearing for the Case

Emil Lippe, Jr., Lippe & Associates, Dallas, Tex., for plaintiffs-appellants.

R.A. Dean Carlton, The Carlton Firm, Dallas, Tex., for Coke L. Gage.

Cecil M. Pruett, Frank Lay, Borger, Tex., for Bennett-Carder & Associates, Inc.

William O. Wuester, Rick K. Disney, Douglas, Kressler & Wuester, Fort Worth, Tex., for Gage Resources.

Robert Cole, Cynthia Hollingsworth, Marianne W. Malouf, Gardere & Wynne, Dallas, Tex., for Nash, et al.

Thomas Graves, Figari & Davenport, Dallas, Tex., for Steve Collins, et al.

T. Ray Guy, Will S. Montgomery, Jenkens & Gilchrist, Dallas, Tex., for FDIC, etc.

Before RUBIN, POLITZ, and BARKSDALE, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

Disappointed prospective purchasers of a ranch brought an action against various persons involved in attempting to obtain financing for the purchase, alleging violation of the federal Racketeer Influenced and Corrupt Organizations Act (RICO)1 and pendent state law claims. Upon motion for summary judgment by some of the defendants, and after the filing of a RICO case statement, the district court granted summary...

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