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UNDERWOOD v. VENANGO RIVER CORP.

No. 91-3739.

995 F.2d 677 (1993)

Robert M. UNDERWOOD, John E. Reathaford, Ronald C. Poland, et al., Plaintiffs-Appellants, v. VENANGO RIVER CORPORATION, Illinois Central Gulf Railroad Company, Whitman Corporation, f/k/a IC Industries, Incorporated, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 28, 1993.

Attorney(s) appearing for the Case

Kevin T. Hoerner (argued), Kassly, Bone, Becker, Dix, Reagan & Young, Belleville, IL, for plaintiffs-appellants.

Gregory S. Davis, Seyfarth, Shaw, Fairweather & Geraldson, Chicago, IL, for Venango River Corp.

William J. Billeaud, St. Louis, MO, Kenneth Jonson (argued), Steptoe & Johnson, Washington, DC, for Illinois Central Gulf R. Co.

John P. Scotellaro, Kenneth E. Rechtoris, Bell, Boyd & Lloyd, Chicago, IL, for Whitman Corp.

Francis D. Morrissey, Thomas A. Doyle, Baker & McKenzie, Chicago, IL, William J. Billeaud, St. Louis, MO, Kenneth Jonson, Steptoe & Johnson, Washington, DC, for Harry Bruce, Henry Borgsmiller and Richard Bessette.

Before COFFEY and FLAUM, Circuit Judges, and WOOD, Jr., Senior Circuit Judge.

COFFEY, Circuit Judge.

The plaintiff-appellant Robert Underwood along with 217 other plaintiffs have alleged that the defendants committed acts of wire fraud and mail fraud in violation of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1961, et seq. The district court granted the defendants' motion to dismiss the plaintiffs' fourth amended complaint for lack of subject matter jurisdiction on the ground that the Railway Labor...

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