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FRANKLIN & JOSEPH, INC. v. CONTINENTAL HEALTH INDUSTRIES

No. 85 Civ. 8756 (RLC).

664 F.Supp. 719 (1987)

FRANKLIN & JOSEPH, INC., Plaintiff, v. CONTINENTAL HEALTH INDUSTRIES, INC., d/b/a Dyna Labs; et al., Defendants. CONTINENTAL HEALTH INDUSTRIES, INC., d/b/a Dyna Labs, Amitol and Amitol Industries, Inc., Defendant and Counter-Claimant, v. FRANKLIN & JOSEPH, INC., et al., Counter-Defendants.

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

March 16, 1987.

Attorney(s) appearing for the Case

Putney, Twombly, Hall & Hirson, New York City, for plaintiff and counter-defendants; Harry A. Gottlieb, of counsel.

Ballon, Stoll & Itzler, New York City, Lee H. Harter, Co-Counsel, San Francisco, Cal., for counter-claimant Continental Health Industries, Inc.; Sheldon S. Lustigman, of counsel.

OPINION

ROBERT L. CARTER, District Judge.

This is one of many civil cases testing the meaning of the term "pattern of racketeering activity" as it is used in the Racketeering Influenced and Corrupt Organizations Act ("RICO" or "the Act"), 18 U.S.C. §§ 1961-1968.

Plaintiff Franklin & Joseph, Inc. ("F & J"), a New York corporation, brought this diversity action seeking contractual damages on various grounds. Among the named defendants...

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