PRIMARY CARE INV., SEVEN v. PHP HEALTHCARE CORP.

No. 92-2055.

986 F.2d 1208 (1993)

PRIMARY CARE INVESTORS, SEVEN, INC., Bert Schweizer, III, as Trustee for Primary Care Investors Nineteen, Inc., Donna J. Hill, as Trustee for Primary Care Investors, Thirty-Two, Inc., William Londoff, as Trustee for Primary Care Investors, Thirty-Two, Inc., Primary Care Investors, Thirty-Five, Inc., Primary Care Investors, Forty-Two, Inc., Primary Care Investors, Forty-Five, Inc., Dagmar S. Graham, as Trustee for Primary Care Investors Forty-Seven, Inc., Robert E. Moldthan, as Trustee for Primary Care Investors Forty-Seven, Inc., Steven Bernstein, as Trustee for Primary Care Investors Fifty, Inc., Gwen Bernstein, as Trustee for Primary Care Investors Fifty, Inc., Jacqueline F. Mulwee, as Trustee for Primary Care Investors Thirty, Inc., Jon G. Carlson, as Trustee for Primary Care Investors Thirty-Six, Inc., Primary Care Investors, Forty-Four, Inc., Appellants, v. PHP HEALTHCARE CORP., formerly known as PHP Corporation, a Delaware corporation, Primary Care Corp., a Missouri corporation, Charles H. Robbins, Michael D. Starr; George E. Schaffer, M.D., Jack M. Mazur, Stephen I. Frates; Ronald J. Raben, David L. Jones, as Trustee for Primary Care Investors Nineteen, Inc., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 25, 1993.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant Roger B. Harris, of Chicago, IL, argued (Samuel J. Betar, C. Vincent Maloney, Chicago, IL, and Eugene Portman, St. Louis, MO, on brief), for appellants.

Alan Popkin, St. Louis, MO, argued (Mark Arnold, Daniel Bloom, Eugene Buckley, and Thomas Fiala, St. Louis, MO, on brief), for appellees.

Before WOLLMAN, Circuit Judge, MORRIS SHEPPARD ARNOLD, Circuit Judge, and BATTEY, District Judge.


MORRIS SHEPPARD ARNOLD, Circuit Judge.

This appeal arises from summary judgment dismissal entered by the district court1 of the plaintiffs' section 10(b)/Rule 10b-5 claim under the Securities Exchange Act of 1934 and of their claim of a pattern of racketeering activity in violation of the RICO statute.

Plaintiffs are corporations created for the purpose of forming a joint venture partnership with Primary Care Corporation (Primary...

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