Leroy J. SMITH; Georgette Beckon; Marcia T. Smith, individually; Valise C. Matthews, individually, on behalf of themselves and all others similarly situated,
v.
John G. BERG; Columbia National Incorporated; First Town Mortgage Corporation; Countrywide Credit Industries, Inc., through its subsidiary, Countrywide Home Loans, Inc.; Fidelity National Financial, through its subsidiary, Fidelity National Title Insurance Company of Pennsylvania; Fidelity National Title Insurance Company of Pennsylvania,
Columbia National Incorporated, First Town Mortgage Corporation; Countrywide Credit Industries, Inc.; Fidelity National Title Insurance Company of Pennsylvania, Appellants.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued March 12, 2001.
Filed April 13, 2001.
Attorney(s) appearing for the Case
James N. Gross, Esquire (Argued) Philadelphia, PA Dean B. Webb, Esquire Vancouver, WA, Counsel for Appellees.
Elliott A. Kolodny, Esquire Doylestown, Mellon, Webster & Mellon, Doylestown, PA, Counsel for Appellant Columbia National, Inc.
Natalie Finkelman, Esquire Media, Shepherd, Finkelman & Gaffigan, LLC, Media, PA, Counsel for Appellant First Town Mortgage Corp.
Burt M. Rublin, Esquire Ballard, Spahr, Andrews & Ingersoll, LLP, Philadelphia, PA, Counsel for Appellant Countrywide Credit Industries, Inc.
Edward J. Hayes, Esquire Lisa Carney Eldridge, Esquire (Argued) Fox, Rothschild, O'Brien & Frankel, LLP, Philadelphia, PA, Counsel for Appellant Fidelity National Title Insurance Company of Pennsylvania.
Before: MANSMANN, BARRY and COWEN, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
MANSMANN, Circuit Judge.
This case presents two questions: First, in light of the Supreme Court's decision in Salinas v. United States,522 U.S. 52, 118 S.Ct. 469 (1997), may liability under the federal Racketeer Influenced and Corrupt Organizations Act ("RICO") conspiracy statute codified at 18 U.S.C. § 1962(d) be limited to those who would, on successful completion of the scheme, have participated...
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