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STANDARDBRED OWNERS ASS'N v. ROOSEVELT RACEWAY ASSOCIATES, L.P.

No. 390, Docket 92-7603.

985 F.2d 102 (1993)

STANDARDBRED OWNERS ASSOCIATION, individually, and on behalf of others similarly situated; Marla J. Fischl, individually, and on behalf of others similarly situated; Peter N. Casadei, individually, and on behalf of others similarly situated; Bernard F. Brennan, individually, and on behalf of others similarly situated; Joseph Faraldo, individually, and on behalf of others similarly situated; John Santoro, individually, and on behalf of others similarly situated; Malcolm Leroux, individually, and on behalf of others similarly situated; Jon Paton, individually, and on behalf of others similarly situated; Michael Forte, individually, and on behalf of others similarly situated; Larry Summer, individually, and on behalf of others similarly situated; John Dietz, individually, and on behalf of others similarly situated; William Rice, individually, and on behalf of others similarly situated; James Champion, individually, and on behalf of others similarly situated; Peter Pinello, individually, and on behalf of others similarly situated; Arthur Y. Webb, individually, and on behalf of others similarly situated, Plaintiffs-Appellants, v. ROOSEVELT RACEWAY ASSOCIATES, L.P., Roosevelt Raceway, Inc., E.H. Mortgage Co., Charles L. Evans, Evans & Hughes, a limited partnership, William B. Hopkins, Barry B. Goldstein, David A. Stevenson, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 8, 1993.

Attorney(s) appearing for the Case

Bernard Persky, New York City (Kenneth F. McCallion, James W. Johnson, Goodkind Labaton Rudoff & Sucharow, Julian R. Birnbaum, Denny Chin, Vladeck, Waldman, Elias & Engelhard, of counsel), for plaintiffs-appellants.

Anton J. Borovina, Mineola, NY (D'Amato, Forchelli, Libert, Schwartz, Mineo & Carlino, of counsel), for defendants-appellees.

Before: TIMBERS, VAN GRAAFEILAND and McLAUGHLIN, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

This is an appeal from a summary judgment of the United States District Court for the Eastern District of New York (Platt, C.J.) dismissing an action seeking RICO and Civil Rights recoveries for alleged fraudulent representations and conduct in connection with the purchase and closure of Roosevelt Raceway, a harness-racing facility in the Town of Hempstead, New York. We reverse and remand as to the RICO cause of action, 18 U.S.C. &...

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