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NEIBEL v. TRANS WORLD ASSUR. CO.

Nos. 95-16149, 95-16748.

108 F.3d 1123 (1997)

John NEIBEL; Nancy Neibel; Laureen Perkins; Michael Perkins; Rhonda Foston; Frances Foston; Bernard Foston; James Harding; Richard Kerrigan; Charlene McLean; Roy Phillips; Arthur Yancey; Marilyn Dupree; Dennis Layton; Allen Layton; Kathleen O'Docharty; David O'Docharty; John Core; Delilah Core; Gary Strand; Richard Rose; Elbert Ferguson; C.J. Bartyzel; Joseph Ransom; Becky Bochman; Bruce Bochman; Shirley Kent; Plaintiffs-Appellees, v. TRANS WORLD ASSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn December 13, 1996.

Resubmitted February 5, 1997.

Decided March 11, 1997.

Attorney(s) appearing for the Case

Sandra J. Smith and Barry R. Levy, Horvitz & Levy, Encino, California, for the defendant-appellant.

William H. Blessing, Cincinnati, Ohio, Iris W. Fein of Fein & Jakab, New York City, for the plaintiffs-appellees.

Before: GOODWIN, WALLACE, and RYMER, Circuit Judges.

OPINION

WALLACE, Circuit Judge:

Trans World Assurance (Trans World) appeals from a judgment following a jury trial in favor of John Neibel and twenty-one other plaintiff-appellees (Neibel) for violations of 18 U.S.C. § 1962(d) of the Racketeer Influenced and Corrupt Organizations Act (RICO), common law fraud, and negligent misrepresentation. Trans World also challenges the jury's state law punitive damage award, as well as the district court's award...

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