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LAWAETZ v. BANK OF NOVA SCOTIA

Civ. A. No. 1986/102.

653 F.Supp. 1278 (1987)

Jennie A. LAWAETZ, an individual; Erik J. Lawaetz, an individual; Mona L. Doane, an individual; Roy Lawaetz, an individual; David Lawaetz, an individual who sues by and through his guardian, Erik Lawaetz; and the Lawaetz Family Partnership, Plaintiffs, v. The BANK OF NOVA SCOTIA, a Canadian Corporation and, John or Jane Doe One Through Ten, Defendants.

District Court, D. Virgin Islands, D. Saint Croix.

January 23, 1987.

Attorney(s) appearing for the Case

Gerald T. Groner, Christiansted, St. Croix, V.I., W.H.C. Venable, Mathews, Va., for plaintiffs.

Lloyd De Vos, William L. Blum, Charlotte Amalie, St. Thomas, V.I., for defendant Bank of Nova Scotia.

MEMORANDUM OPINION AND ORDER

DAVID V. O'BRIEN, District Judge.

This RICO action is vehemently challenged by the defendant bank as vexatious. We hold that the complaint survives the initial attack virtually intact. It is both timely and distinct from previous litigation and adequately pleads substantive charges of RICO and fraud. The conspiracy count, however, does not state a cognizable claim and will be dismissed.

I. FACTS

Plaintiff Erik...

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