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FIRST CAPITAL ASSET MANAGEMENT v. SATINWOOD, INC.

Docket Nos. 03-7897(L), 03-7956(XAP).

385 F.3d 159 (2004)

FIRST CAPITAL ASSET MANAGEMENT, INC. and Willem Oost-Lievense, Plaintiffs-Appellants-Cross-Appellees, v. SATINWOOD, INC., Sphinx Rock, N.V., Ahmed Vahabzadeh, Sohrab Vahabzadeh, Afiwa, S.A., Afsar Vahabzadeh, Savco, S.A., and the Estate of Soleyman Vahabzadeh, Defendants-Appellees-Cross-Appellants, Brickellbush, Inc., Manco, Inc., Manou Failly, Cimbalo Investments, B.V., Sotar Investments, B.V., Jens Schlegelmilch, Youssef Vahabzadeh, Peninsula Appreciation, Inc., North American Consortium, Inc., Iradj Vahabzadeh, and John Does 1 Through 20, who are the beneficial owners of Brickellbush, Inc., Satinwood, Inc. and Sphinx Rock, N.V. and other persons who may be interested in this action and who are presently unknown to plaintiffs, Defendants.

United States Court of Appeals, Second Circuit.

Decided: September 27, 2004.

Attorney(s) appearing for the Case

Eric W. Berry, New York, N.Y., for Plaintiffs-Appellants-Cross-Appellees.

Russell P. McRory, McRory and McRory, P.L.L.C., Garden City, N.Y., for Defendants-Appellees-Cross-Appellants.

Before: MINER and KATZMANN, Circuit Judges, and TSOUCALAS, Senior Judge.

MINER, Circuit Judge.

Plaintiffs-appellants-cross-appellees, First Capital Asset Management, Inc. ("FCAM") and Willem Oost-Lievense ("Oost-Lievense") (collectively, "Plaintiffs"), appeal from a final judgment entered in the United States District Court for the Southern District of New York (Kaplan, J.) dismissing Plaintiffs' RICO conspiracy and substantive RICO claims and declining to exercise supplemental jurisdiction over Plaintiffs' remaining, state-law...

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