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MURR PLUMBING, INC. v. SCHERER FINANCIAL

No. 94-2363.

48 F.3d 1066 (1995)

MURR PLUMBING, INC., Appellant, v. SCHERER BROTHERS FINANCIAL SERVICES CO., a Minnesota corporation; Scherer Brothers Lumber Co., a Minnesota corporation; Albertville Industrial Development Co., a partnership; Thomas P. Olson; Roger Scherer; Developers Construction, Inc.; Loren Spande; Ronald L. Chase; J. Roberts Construction, Inc.; J.H.R. Homes, Inc.; James H. Roberts; Mary J. Roberts; Metro-Build Tech, Inc.; also known as Copperfield Contractors Ltd.; Michael McCalvey, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 28, 1995.

Rehearing Denied April 19, 1995.

Attorney(s) appearing for the Case

Dale C. Nathan, Eagan, MN, for appellant.

Thomas G. Jovanovich, St. Cloud, MN (Rajkowski Hansmeier, on the brief), for appellee.

Before FAGG, MAGILL, and LOKEN, Circuit Judges.

MAGILL, Circuit Judge.

Murr Plumbing, Inc. (Murr), appeals the dismissal of its second amended RICO complaint for failure to allege the predicate acts of mail and wire fraud with the specificity required by Rule 9(b) of the Federal Rules of Civil Procedure. We find no error in the district court's1 finding that the conclusory allegations contained in Murr's second amended complaint do not satisfy...

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