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FIREMAN'S FUND INS. CO. v. STITES

No. 99-56622.

258 F.3d 1016 (2001)

FIREMAN'S FUND INSURANCE COMPANY; Allstate Ins. Co., Plaintiffs-Appellees, Richard Banks, et al., Defendants, v. Lynn Boyd STITES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 3, 2001.

Attorney(s) appearing for the Case

Lawrence F. Schoelch (Briefed and Argued), Law Offices of Lawrence F. Schoelch, Encino, California, for the defendant-appellant.

Ron H. Burnovski (Briefed), Robins, Kaplan, Miller & Ciresi, Los Angeles, California, for appellee Allstate Insurance Company.

Richard P. Edwards (Briefed), Mower, Koeller, Nebeker, Carlson & Haluck, San Diego, California, for appellee Fireman's Fund Insurance Company.

Curtis L. Metzgar (Briefed), Even, Crandall, Wade, Lowe & Gates, Rancho Cucamonga, California, for appellee State Farm Fire and Casualty Company.

Andrew G. Dulaney (Argued), Antioch, California, for the appellees.

Before: Arthur L. ALARCON, Stephen S. TROTT, and William A. FLETCHER, Circuit Judges.

Argued and Submitted June 8, 2001 — Pasadena, California.

TROTT, Circuit Judge:

In this appeal, we must explain how the criminal and civil provisions of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1961-1968 ("RICO") interact, and decide under what circumstances a civil RICO plaintiff may collaterally estop a defendant from contesting the facts proven against him in a previous criminal trial. We conclude that under the specific...

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