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UNITED STATES v. FRESHIE CO.

Crim. No. 86-193.

639 F.Supp. 442 (1986)

UNITED STATES of America, v. The FRESHIE COMPANY, a/k/a New Freshie Corporation, a/k/a Freshie Food Service, Inc., Anthony Pili.

United States District Court, E.D. Pennsylvania.

June 26, 1986.

Attorney(s) appearing for the Case

James A.A. Pabarue, Bucky Mansuy, Asst. U.S. Attys., Philadelphia, Pa., for the Government.

J. Clayton Undercofler, III, Philadelphia, Pa., for defendant Anthony Pili.

Gregory T. Magarity, Philadelphia, Pa., for defendant The Freshie Co.

MEMORANDUM

NEWCOMER, District Judge.

In a ten-count indictment defendants are charged with violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1961 et seq. (Counts 1 and 2), mail fraud (Counts 3 through 9) and obstruction of justice (Count 10). Presently before the Court is defendants' Motion to Dismiss Counts 1 and 2 — the RICO counts — on the grounds that the indictment fails to allege predicate...

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