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CASSITY v. PITTS

No. 92-7112.

995 F.2d 1009 (1993)

Edward J. CASSITY; Martin M. Cassity, Jr.; George E. Cassity, individually and as personal representatives of the Estate of Martin M. Cassity, Sr., deceased; and William R. Cassity, Plaintiffs-Appellants, v. Paul E. PITTS; William V. Wiist; Thomas Dunlap; the Ardmore Institute of Health, Inc., an Oklahoma Corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 17, 1993.

Attorney(s) appearing for the Case

Submitted on the briefs.*

Douglas C. McBee of Andrews Davis Legg Bixler Milsten & Price, and Delmer L. Stagner, Oklahoma City, OK, for plaintiffs-appellants.

Andrew M. Coats and Wesley C. Fredenburg of Crowe & Dunlevy, Oklahoma City, OK, for defendants-appellees.

Before LOGAN, MOORE and BRORBY, Circuit Judges.

BRORBY, Circuit Judge.

The beneficiaries (Beneficiaries) of a trust commenced a civil action against the trustees (Trustees) raising RICO claims and state fraud claims. The district court dismissed the action for lack of subject matter jurisdiction and Beneficiaries appeal. We affirm.

In 1984, Dr. Johnson died leaving a residuary trust, and appellants were the life beneficiaries of this trust. A probate action was commenced in state court as was a separate...

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