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JAGUAR CARS, INC. v. ROYAL OAKS MOTOR CAR CO.

Nos. 93-5783, 93-5784.

46 F.3d 258 (1995)

JAGUAR CARS, INC. v. ROYAL OAKS MOTOR CAR COMPANY, INC.; Theodore J. Forhecz, Sr.; Mark M. Forhecz; Theodore J. Forhecz, Jr.; Richard Kirsh; Jack Rusher; Edward Zeller, Mark M. Forhecz, Appellant. JAGUAR CARS, INC. v. ROYAL OAKS MOTOR CAR COMPANY, INC.; Theodore J. Forhecz, Sr.; Mark M. Forhecz; Theodore J. Forhecz, Jr.; Richard Kirsh; Jack Rusher; Edward Zeller, Theodore J. Forhecz, Sr., Appellant.

United States Court of Appeals, Third Circuit.

Decided January 18, 1995.

Sur Petition for Rehearing February 14, 1995.

Attorney(s) appearing for the Case

Carl J. Chiappa (argued), Townley & Updike, New York City, for Jaguar Cars, Inc.

Gary R. Battistoni (argued), Drinker, Biddle & Reath, Philadelphia, PA, for Theodore J. Forhecz, Sr.

Martin G. Margolis (argued), Stuart Pobereskin, Margolis, Meshulam & Pobereskin, Verona, NJ, for Mark M. Forhecz.

Before: BECKER, ALITO, Circuit Judges, and BRODY, District Judge.

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal arises out of a civil RICO action, 18 U.S.C.A. § 1961 et seq. (1984), brought by plaintiff, Jaguar Cars, Inc. ("Jaguar"), against Theodore Forhecz, Sr., and his sons Theodore Forhecz, Jr. and Mark Forhecz, alleging that they had perpetrated a scheme to systematically submit fraudulent warranty claims to Jaguar through their jointly owned Jaguar dealership, Royal Oaks Motor Car Company, Inc. ("Royal...

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