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KIRWIN v. PRICE COMMUNICATIONS CORP.

No. 03-14366.

391 F.3d 1323 (2004)

Paul M. KIRWIN, Cell-Cal T9, Joseph W. Carcione, Richard Erickson, George R. Gordon, M. Steven Grewal, Linda M. Hoff Partnership, Steven C. Meyer, Rajive Oberoi, Jonathan Stewart, Kenneth L. Ramsey, Harold W. Swart, Plaintiffs-Appellants, v. PRICE COMMUNICATIONS CORPORATION, Price Communications Cellular Holdings, Inc., Price Communications Wireless, Inc., Palmer Wireless Holdings, Inc., Cellular Systems of Southeast Alabama, Inc., Robert Price, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 2, 2004.

Attorney(s) appearing for the Case

G. Griffin Sikes, Jr., Montgomery, AL, John J. Oitzinger, Montana Business Law Center, Helena, MT, for Plaintiffs-Appellants.

Peter Sean Fruin, Maynard, Cooper & Gale, P.A., Montgomery, AL, Richard L. Brusca, Skadden, Arps, Slate, Meagher & Flom, LLP, Washington, DC, for Plaintiffs-Appellees.

Before DUBINA and CARNES, Circuit Judges, and MILLS, District Judge.

RICHARD MILLS, District Judge:

An issue of first impression in this Circuit:

Does the "intracorporate conspiracy doctrine" bar a civil conspiracy claim under 18 U.S.C.1962(d)?

The short answer: no.

I. PROCEDURAL HISTORY

Appellant Paul Kirwin and eleven other former minority shareholders of Cellular Systems of Southeast Alabama, Inc.1 ("Cellular Systems"), sued:

(1) Cellular Systems;

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