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MISISCHIA v. ST. JOHN'S MERCY HEALTH SYSTEMS

No. 05-3403.

457 F.3d 800 (2006)

Arthur J. MISISCHIA, Dr., D.M.D., Plaintiff-Appellant, v. ST. JOHN'S MERCY HEALTH SYSTEMS, et al., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 8, 2006.

Attorney(s) appearing for the Case

Kenneth Joel Haber and Douglas G. Wadler, argued, Rockville, MD (Joan M. Schwartz and Rachel A. Jeep, St. Louis, MO, on the brief), for appellant.

David M. Harris, argued, St. Louis, MO (Jordan B. Cherrick, Lizabeth M. Conran and J. Andrew Walkup, St. Louis, MO, on the brief), for appellee St. John's Mercy Medical Center.

Allen D. Allred (Lawrence C. Friedman and Matthew J. Landwehr, St. Louis, MO, on the biref), for appellees Weber, Noble and Farrell.

Ronald A. Norwood, argued, St. Louis, MO (Brandy B. Barth, St. Louis, and William Webster, Washington, DC, on the brief), for Dr. John J. Delfino and St. Louis Oral and Maxillofacial.

Before LOKEN, Chief Judge, LAY and BYE, Circuit Judges.

LOKEN, Chief Judge.

At the conclusion of largely unsuccessful litigation in other courts, Dr. Arthur Misischia commenced this action against his former employers, St. John's Mercy Health Systems (St.John's) and Dr. John Delfino, and three St. John's supervisory employees. Misischia asserted claims under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1962(b)-(d), and a pendent state law conspiracy claim. The district court

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