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POTOMAC ELEC. POWER v. ELECTRIC MOTOR & SUPPLY

Nos. 00-2542, 00-2557.

262 F.3d 260 (2001)

POTOMAC ELECTRIC POWER COMPANY, Plaintiff-Appellant, v. ELECTRIC MOTOR AND SUPPLY, INCORPORATED; Ralph Force; Charles M. Rhodes, Defendants-Appellees, and Darryl Price, Defendant. Potomac Electric Power Company, Plaintiff-Appellee, v. Electric Motor and Supply, Incorporated; Ralph Force; Charles M. Rhodes, Defendants-Appellants, and Darryl Price, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: August 10, 2001.

Attorney(s) appearing for the Case

ARGUED: James Patrick Gillece, Jr., McGUIRE WOODS, L.L.P., Baltimore, Maryland, for Appellant.

James Patrick Ulwick, KRAMON & GRAHAM, Baltimore, Maryland, for Appellees.

ON BRIEF: Robert R. Niccolini, McGUIRE WOODS, L.L.P., Baltimore, Maryland, for Appellant.

Bruce L. Marcus, MARCUS & BONSIB, Greenbelt, Maryland, for Appellee Force; Paul F. Kemp, CATTERTON, KEMP & GREENBERG, Rockville, Maryland, for Appellee Electric Motor.

Before WILLIAMS, KING, and GREGORY, Circuit Judges.

Affirmed in part, reversed in part, and remanded by published opinion. Judge WILLIAMS wrote the opinion, in which Judge KING and Judge GREGORY joined.

OPINION

WILLIAMS, Circuit Judge:

Potomac Electric Power Co. (PEPCO) appeals the district court's grant of summary judgment to Electric Motor and Supply, Inc., Ralph Force, and Charles Rhodes (collectively EMS) on its claims arising under the private suit provisions of the Racketeer Influenced and Corrupt...

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