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PACIFIC HARBOR CAPITAL, INC. v. BARNETT BANK, N.A.

No. 00-14405.

252 F.3d 1246 (2001)

PACIFIC HARBOR CAPITAL, INC., successor to Pacific Corp Credit, Inc., Plaintiff-Appellant, v. BARNETT BANK, N.A., Morton A. Goldberg, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

As Amended July 3, 2001.

Attorney(s) appearing for the Case

Joseph M. Beck, Miles J. Alexander, Jerre Bailey Swann, Kilpatrick Stockton LLP, Atlanta, GA, for Defendant-Appellant.

Martin Garbus, Richard Kurnit, New York City, William B. Smith, Ralph R. Morrison, Anne Moody Johnson, Jones, Day, Reavis & Pogue, Atlanta, GA, for Plaintiff-Appellee.

Paul F. Colarulli, Howard T. Anderson, Stier, Anderson & Malone, Washington, DC, for Plaintiff-Appellant.

Robert E. Puterbaugh, Peterson & Myers, Lakeland, FL, Peter W. Homer, Justin C. Fineberg, Lorelei J. Van Wey, Homer, Bonner & Delgado, P.A., Miami, FL, for Defendant-Appellee.

Before CARNES, COX and NOONAN, Circuit Judges.

NOONAN, Circuit Judge:

Pacific Harbor Capital, Inc., (PHC) appeals the judgment of the district court for the middle district of Florida holding on partial summary judgment that PHC's civil RICO suit against Barnett Bank, N.A. (Barnett) is barred by the statute of limitations. PHC's remaining state law claims were dismissed with prejudice pursuant to an agreement between the parties. The sole issue on appeal is whether partial summary judgment was justifiably given...

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