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GLESSNER v. KENNY

No. 90-5885.

952 F.2d 702 (1991)

John H. GLESSNER; Tito Delgozzo; Claudia Capritti; Robert Slimm; Charles Heck; and Wendy Heck, Appellants, v. William KENNY, Jr.; Stanley R. Orczyk; Paul A. Vermylen, Jr.; Meenan Oil Co., Inc.; Blueray Systems, Inc.; and KOV Corporation.

United States Court of Appeals, Third Circuit.

Decided December 23, 1991.

Attorney(s) appearing for the Case

Neils Korup (argued), Paul R. Rosen, Spector Gadon & Rosen, P.C.; Sherrie R. Savett, Robert P. Frutkin, and Karen S. Orman, Berger & Montague, P.C., Philadelphia, Pa., for appellants.

Bruce W. Ficken (argued) and David Castro, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for appellees.

Before: SLOVITER, Chief Judge, COWEN, and WISDOM, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Chief Judge.

We are once again required to analyze the applicability of RICO to a claim that ordinarily would have been framed in terms of a common law action for misrepresentation or fraud. The district court dismissed the complaint as to some plaintiffs as barred by the statute of limitations and as to the remaining plaintiffs for failure to state valid RICO claims, and plaintiffs...

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