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  5. 729 F.Supp. 1452 (1990)
 

CONTINENTAL REALTY CORP. v. J.C. PENNEY CO., INC.

No. 89 CIV. 2945 (LBS).

729 F.Supp. 1452 (1990)

CONTINENTAL REALTY CORPORATION, Plaintiff, v. J.C. PENNEY COMPANY, INC., J.C. Penney Properties, Inc., JCP Realty Inc. and Philip L. O'Connell, Defendants.

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

February 5, 1990.

Attorney(s) appearing for the Case

Eaton & Van Winkle, New York City (Jonathan A. Chase, of counsel), for plaintiff.

John R. Camillo and Mary G. Tacher, J.C. Penney Co., Inc., Dallas, Tex., and Weil, Gotshal & Manges, New York City (Kevin P. Hughes, of counsel), for defendants.

OPINION

SAND, District Judge.

The Defendants move this Court for an order dismissing the Amended Complaint for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6) and for failure to plead fraud with particularity pursuant to Fed.R.Civ.P. 9(b). Counts VIII and IX of the Amended Complaint allege violations of the Racketeer Influenced and Corrupt Organizations Act of 1970 ("RICO"), 18 U.S.C. §§ 1961 et seq., and this Court's jurisdiction...

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