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OLIVE CAN CO., INC. v. MARTIN

No. 89-3319.

906 F.2d 1147 (1990)

OLIVE CAN CO., INC., et al., Plaintiffs-Appellants, v. Jacob MARTIN, Jonathan Martin, and D.C.S. Corporation, f/k/a Delicious Cookie Sales Company, Inc., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 11, 1990.

As Amended July 13, 1990.

Attorney(s) appearing for the Case

Barry Sullivan, Larry M. Wolfson, Jenner & Block, Chicago, Ill., Michael Palmer, Middlebury, Vt., for plaintiffs-appellants.

James P. Chapman, Alan S. Mills, Chapman & Associates, Chicago, Ill., for defendants-appellees.

Before WOOD, Jr., and FLAUM, Circuit Judges, and CRABB, Chief District Judge.

FLAUM, Circuit Judge.

Six creditors of Delicious Cookie Company ("Delicious Cookie" or the "Company") brought this action to recover approximately $354,000 for goods sold to the Company. The plaintiffs alleged that defendants Jacob Martin and Jonathan Martin, owners and officers of Delicious Cookie, violated RICO, 18 U.S.C. § 1961 et seq., when they set up a sham corporation whose existence they concealed from the plaintiffs, in order to divert to Jacob...

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