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UNITED STATES v. IANNIELLO

No. 86 Civ. 1552-CSH.

646 F.Supp. 1289 (1986)

UNITED STATES of America, Plaintiff, v. Matthew IANNIELLO, a/k/a "Matty the Horse," Benjamin Cohen, a/k/a "Benny Cohen," Paul Gelb, Alfred Ianniello, Osbro Restaurant, Inc., d/b/a "Umberto's Clam House," Robert Ianniello, P & G Funding Corp., d/b/a the "Mardi Gras," Pauline Gelb, John Zaffarano, John Doe, and John Doe, Inc., d/b/a "John Doe Restaurant," Defendants.

United States District Court, S.D. New York.

September 30, 1986.

Attorney(s) appearing for the Case

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City, for plaintiff; Robert L. Ullmann, Sp. Asst. U.S. Atty., Randy M. Mastro, Asst. U.S. Atty., of counsel.

Gerald L. Shargel, New York City, for defendants Robert Ianniello and Osbro Restaurant Corp.

Hoffman, Pollok & Gasthalter, New York City for defendant Alfred Ianniello; Judd Burstein, of counsel.

Jay Goldberg, P.C., New York City, for defendant Matthew Ianniello; Michael Berger, of counsel.

ON MOTION TO DISMISS

HAIGHT, District Judge:

Defendants move, pursuant to Rule 12(b)(6), F.R.Civ.P., to dismiss the Amended Complaint in the captioned action. The factual background of this civil RICO case, brought under 18 U.S.C. § 1964, is stated in this Court's Memorandum Opinion and Order of April 16, 1986, familiarity with which is assumed. The motion is denied.

Except as to Robert Ianniello,1 defendants do...

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