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CANNAROZZI v. FIUMARA

No. 03-1391.

371 F.3d 1 (2004)

Samuel CANNAROZZI and Erica Cannarozzi, Plaintiffs, Appellants, v. Peter FIUMARA, Defendant, Appellee, Steven J. Marullo; Burns & Levinson, LLP; Attorneys Liability Assurance Society, Inc., Defendants.

United States Court of Appeals, First Circuit.

Decided June 2, 2004.

Attorney(s) appearing for the Case

Robert W. Walker, with whom Walker and Associates was on brief, for appellants.

Richard B. Villiotte, with whom James J. Cipoletta, was on brief, for appellee.

Before TORRUELLA, Circuit Judge, LOURIE, Circuit Judge, and HOWARD, Circuit Judge.

TORRUELLA, Circuit Judge.

This case requires us to interpret a provision of the Racketeer Influenced and Corrupt Organizations Act ("RICO" or the "Act"), 18 U.S.C. § 1962(b), which incorporates state law, here the Massachusetts criminal usury statute. Samuel Cannarozzi sued Peter Fiumara alleging the latter collected from him several "unlawful debts" in violation of RICO. Because the loans did not offend the Massachusetts criminal usury statute, the district...

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