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PENN WEST ASSOCIATES, INC. v. COHEN

No. 02-4344.

371 F.3d 118 (2004)

PENN WEST ASSOCIATES, INC., a Corporation t/d/b/a The Wilkins House, Appellant v. Katherine COHEN, Co-Executrix of the Estate of Eugene M. Litman; Michael Litman, Co-Executor of the Estate of Eugene M. Litman; James W. McCarthy; Penn West Associates, also known as Penn West Office Building, a limited partnership; Brandywine Agency; Alpine Construction Co., a Corporation; Property Development Associates, Inc., a Corporation; Pittsburgh Investment Company, a Partnership; Patricia Katz, general partner; Able Home Center, Inc.; Dianna Boback, an individual; Margaret Mull, an individual.

United States Court of Appeals, Third Circuit.

June 9, 2004.

Attorney(s) appearing for the Case

Bela A. Karlowitz (Argued), Daniel M. Flynn, Karlowitz & Cromer, Pittsburgh, PA, for Appellant.

Robert L. Potter (Argued), David A. Strassburger, Strassburger, McKenna, Gutnick & Potter, Pittsburgh, James A. Ashton, Pittsburgh, PA, for Appellees.

Before ALITO, AMBRO and CHERTOFF, Circuit Judges.

OPINION OF THE COURT

AMBRO, Circuit Judge.

We review the District Court's November 5, 2002 order denying the motion of Penn West Associates, Inc. ("Penn West") to re-open its civil RICO case. That case was administratively closed by order of the District Court on August 19, 1999, after both parties informed the Court that they tentatively settled their dispute. In fact, the civil RICO case was not concluded. The District Court mistook its administrative...

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