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NEWPORT LTD. v. SEARS, ROEBUCK & CO.

No. 92-3832.

6 F.3d 1058 (1993)

NEWPORT LIMITED, a Partnership in Commendam, Plaintiff-Appellant, v. SEARS, ROEBUCK & COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 29, 1993.

Attorney(s) appearing for the Case

Phillip A. Wittmann, Stephen H. Kupperman, George C. Freeman, III, Alex J. Peragine, Stone, Pigman, Walther, Wittmann & Hutchinson, New Orleans, LA, for plaintiff-appellant.

W. Anthony Toups, III, Paul A. Nalty, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, LA, Louis A. Lehr, Jr., Mark E. Enright, Arthur L. Klein, Arnstein & Lehr, Chicago, IL, for defendant-appellee.

Before KING, HIGGINBOTHAM, and DeMOSS, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This case appears before the Fifth Circuit for the second time. In 1990, the district court granted summary judgment for Sears, Roebuck and Co., on Newport Limited's civil RICO claim and dismissed Newport's pendent state law claims. We affirmed the RICO decision, but instructed the trial court to rule on the pendent claims given the advanced state of the litigation. On remand, the court granted summary judgment on Newport's...

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