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U.S. v. ALLEN

Docket Nos. 97-6254, 97-6274.

155 F.3d 35 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. John ALLEN and Daniel Finley Allen & Co., Inc., Defendants-Appellants. UNITED STATES of America, Plaintiff-Appellee, v. John PAGANO, Ace Garbage and Garbage and Rubbish Removal, Inc., and Mets Roll-Off Service, Inc., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided August 6, 1998.

Attorney(s) appearing for the Case

Stephen P. Scaring, Garden City, NY (Steven N. Nachman, Garden City, NY, on the brief), for defendants-appellants John Allen, et al.

Judd Burstein, New York City (Robert N. Fass, Marc Fernich, Burstein & Fass, New York City, on the brief), for defendants-appellants John Pagano, et al.

Christopher G. Lehmann, Asst. U.S. Atty., Brooklyn, NY (Zachary W. Carter, U.S. Atty., Deborah B. Zwany, Asst. U.S. Atty., Brooklyn, NY, on the brief), for appellee.

Before: NEWMAN and LEVAL, Circuit Judges, and WEXLER, District Judge.

JON O. NEWMAN, Circuit Judge:

This case primarily concerns the appropriateness of summary judgment in resolving the issue of whether defendants in a civil case under the Racketeer Influenced and Corrupt Organizations Act ("RICO"), see 18 U.S.C. § 1964, have exercised the requisite control over the affairs of an alleged RICO enterprise to incur liability for conducting the enterprise's affairs. Two sets of defendants, (i) John Pagano, Ace Garbage and Rubbish...

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