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BANKERS TRUST CO. v. RHOADES

No. 1074, Docket 88-7054.

859 F.2d 1096 (1988)

BANKERS TRUST COMPANY, Plaintiff-Appellant, v. Daniel RHOADES, Herman Soifer and Milton Braten, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 3, 1988.

Attorney(s) appearing for the Case

David Rabinowitz, New York City (David B. Picker, Moses & Singer, New York City, of counsel), for plaintiff-appellant.

Joel W. Sternman, New York City (Steven Alexander, Rosenman & Colin, New York City, of counsel), for defendant-appellee Herman Soifer.

Thomas Lagrotta, Brewster, N.Y. (Daniel Rhoades, Rhoades & Rhoades, Brewster, N.Y., of counsel), for defendants-appellees Daniel Rhoades and Milton Braten.

Before CARDAMONE, PRATT, and MAHONEY, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

This case is now on its second trip through the federal appellate system. On the first appeal, Bankers Trust Company ("Bankers") avoided dismissal when our split decision, holding that Bankers had failed to state a claim under 18 U.S.C. §§ 1964(c) and 1962 because it had not suffered "a distinct RICO injury" from defendants' alleged RICO violation, was vacated by the Supreme Court...

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