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  5. 742 F.Supp. 1213 (1990)
 

RUBY DEV. CORP. v. CHARRIM DEV. CORP.

No. 90 CV 90(TCP).

742 F.Supp. 1213 (1990)

RUBY DEVELOPMENT CORP., Plaintiff, v. CHARRIM DEVELOPMENT CORPORATION, Rima Bruzas and Charles Dinolfo, Defendants.

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

July 10, 1990.

Attorney(s) appearing for the Case

Delligatti, Kaschak, Julius & Kain, Mineola, N.Y., for plaintiff.

Gellert & Cutler, P. C., Poughkeepsie, N. Y., for defendants.

MEMORANDUM AND ORDER

PLATT, Chief Judge.

Plaintiff commenced this suit on January 10, 1990 seeking treble damages, costs and attorneys fees for defendants' alleged violation of the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1961 et seq. Defendants move to dismiss plaintiff's complaint pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure for lack of subject matter jurisdiction, Rule 12(b)(6) for failure...

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