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NEWPORT LTD. v. SEARS, ROEBUCK AND CO.

No. 90-3559.

941 F.2d 302 (1991)

NEWPORT LIMITED, A Partnership in Commendam, Plaintiff-Appellee Cross-Appellant, v. SEARS, ROEBUCK AND CO., Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied September 24, 1991.

Attorney(s) appearing for the Case

Harry McCall, Jr., Paul A. Nalty, Jonathan C. McCall, Rebecca A. Stulb, W. Anthony Toups, III, Charles P. Blanchard, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, La., for defendant-appellant cross-appellee.

George C. Freeman, III, Stephen H. Kupperman, Philip A. Wittman, Stone, Pigman, Walther, Wittmann & Hutchinson, New Orleans, La., for plaintiff-appellee cross-appellant.

Before REAVLEY, POLITZ, and JOLLY, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 24, 1991.

POLITZ, Circuit Judge:

Newport Limited, a Louisiana partnership in commendam, brought suit against Sears, Roebuck and Co. alleging civil RICO violations, state-law fraud, and unfair trade practice claims. The district court dismissed the RICO claim and, declining to exercise pendent jurisdiction, dismissed without prejudice the state-law claims. Newport Ltd. v. Sears, Roebuck & Co.,

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