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RIVER CITY MARKETS v. FLEMING FOODS WEST

Nos. 90-16623, 90-16624.

960 F.2d 1458 (1992)

RIVER CITY MARKETS, INC., John Perchaz, Cynthia Perchaz, Howard Dugger, Judith Dugger, Leonard Smith, and Shirley Smith, Plaintiffs-Appellants, v. FLEMING FOODS WEST, INC., a California corporation; United Grocers Ltd.; United Fairway Fleming Foods of California, Inc.; Fleming Companies, Inc.; Fleming Finance Co.; Alpha Beta Co., a Delaware corporation; American Stores Co., a California corporation; and Does 1 through 100, inclusive, Defendants-Appellees. Wesley FONG, Gladys Fong, Ronald Fong, and Times Supermarket, Inc., Plaintiffs-Appellants, v. FLEMING FOODS WEST, INC., a California corporation; United Grocers Ltd.; United Fairway Fleming Foods of California, Inc.; Fleming Companies, Inc.; Fleming Finance Co.; Alpha Beta Co., a Delaware corporation; American Stores Co., a California corporation; and Does 1 through 100, inclusive, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 3, 1992.

Attorney(s) appearing for the Case

Robert A. Susk and Jeffrey A. Glick, San Francisco, Cal., for plaintiffs-appellants.

Dale E. Fredericks, Darryl M. Woo, and Laura L. Goodman, Sheppard, Mullin, Richter & Hampton, Thomas Peterson, Brobeck, Phleger & Harrison, San Francisco, Cal., for defendants-appellees.

Before: ALDISERT, GOODWIN, and NOONAN, Circuit Judges.

GOODWIN, Circuit Judge:

Disappointed purchasers of certain Alpha Beta retail grocery stores sought treble damages under RICO for losses they incurred when the stores they bought failed to measure up to representations allegedly made by Alpha Beta and American Stores (Alpha Beta) and by Fleming Foods West, United Fairway, Fleming Companies, and Fleming Finance (Fleming), Alpha Beta's alleged co-conspirator in a fraudulent scheme to unload unprofitable properties on...

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