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DeMAURO v. DeMAURO

No. 96-2082.

115 F.3d 94 (1997)

Annette B. DeMAURO, Plaintiff, Appellant, v. Joseph M. DeMAURO, Edward Martin, DeMauro Co., Inc., Nicholas DeMauro, Tri-Area Development Co., Inc. and Joan Martin, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 11, 1997.

Attorney(s) appearing for the Case

S. James Boumil, Lowell, MA, for appellant.

Kathleen M. Morrissey with whom Bernard A. Dwork, Roger T. Manwaring, Barron & Stadfeld, P.C., Boston, MA, Richard L. Fox and Carragher & Fox, Chelmsford, MA, were on brief, for appellees Edward Martin, DeMauro Co., Inc., Nicholas DeMauro, Tri-Area Development Co., Inc. and Joan Martin.

Before BOUDIN, Circuit Judge, BOWNES, Senior Circuit Judge, and LYNCH, Circuit Judge.

BOUDIN, Circuit Judge.

In this case, one of the participants in a pending divorce action has invoked the federal racketeering statute to challenge asset transfers by her spouse. The district court responded by dismissing the complaint without prejudice on abstention grounds. Because dismissal was on the pleadings, we assume the truth of statements in the complaint, cautioning that they have yet to be proved.

Annette and Joseph DeMauro were married in 1979...

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