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PROCTER & GAMBLE CO. v. BIG APPLE INDUS. BLDGS.

No. 86 Civ. 3474(PNL).

655 F.Supp. 1179 (1987)

The PROCTER & GAMBLE COMPANY and Riverview Productions, Inc., Plaintiffs, v. BIG APPLE INDUSTRIAL BUILDINGS, INC., Arol I. Buntzman, Martin William Halbfinger, Esq., George A. Fuller Company, the Arkhon Corporation, Haines Lundberg Waehler and John Does 1-10, Defendants.

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

March 13, 1987.

Attorney(s) appearing for the Case

Kramer, Levin, Nessen, Kamin & Frankel, New York City (Harold P. Weinberger, of counsel), for plaintiffs.

Paul Weiss, Rifkind, Wharton & Garrison, New York City (Edward N. Costikyan, Lewis A. Kaplan, of counsel), for defendant Big Apple Indus. Bldgs. Inc.

Max E. Greenberg, Cantor & Reiss, New York City (Jerome Reiss, Ray Goddard, of counsel), for defendant George A. Fuller Co.

Rivkin, Radler, Dunne & Bayh, Uniondale, N.Y. (Howard J. Newman, of counsel), for defendant Haines Lundberg, Waehler.

Shea & Gould, New York City (Martin I. Shelton, of counsel), for defendant The Arkhon Corp.

OPINION AND ORDER

LEVAL, District Judge.

This is an action for rescission and treble damages pleading a violation of the Racketeer Influenced and Corrupt Organizations ("RICO") statute, 18 U.S.C. § 1961 et seq. as well as various state law causes of action for fraud and conversion. The court's jurisdiction is alleged to depend on 28 U.S.C. § 1331 by reason of the claim under the federal RICO statute. Defendants move to dismiss on the grounds...

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