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SCHATZ v. ROSENBERG

No. 90-1889.

943 F.2d 485 (1991)

Ivan N. SCHATZ; Joann B. Schatz, Plaintiffs-Appellants, v. Mark E. ROSENBERG; MER Enterprises, Incorporated; Stephen Jaeger; Weinberg & Green, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 26, 1991.

As Amended October 9, 1991.

Attorney(s) appearing for the Case

Carlos Marco Recio, Casson, Harkins & Greenberg, Washington, D.C., argued (Robert E. Greenberg, Michael F. Moses, Casson, Harkins & Greenberg, on the brief), for plaintiffs-appellants.

Nancy F. Preiss, Williams & Connolly, Washington, D.C., argued (Brendan V. Sullivan, Jr., Michael S. Sundermeyer, Leigh A. Kenny, Williams & Connolly, on the brief), for defendants-appellees.

Before WILKINSON, Circuit Judge, CHAPMAN, Senior Circuit Judge, and HILTON, District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

CHAPMAN, Senior Circuit Judge:

Plaintiffs/appellants Ivan and Joanne Schatz sued defendants Mark E. Rosenberg, MER Enterprises ("MER") and the law firm of Weinberg & Green alleging RICO violations, fraud and securities laws violations. The district judge referred the case to a magistrate judge who recommended that five counts of the seven count complaint be dismissed for failure to state a claim upon which relief can be granted. The district...

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