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NAGLE v. MERRILL LYNCH, PIERCE, FENNER & SMITH

Civ. No. 3-91-CV-10003.

790 F.Supp. 203 (1992)

Daniel L. NAGLE, Plaintiff, v. MERRILL LYNCH, PIERCE, FENNER, & SMITH, INC.; et al., Defendants.

United States District Court, S.D. Iowa, Davenport Division.

March 18, 1992.

Attorney(s) appearing for the Case

James E. Beckley, Wheaton, Ill., Edward N. Wehr, Davenport, Iowa, for plaintiff Daniel L. Nagle.

William C. Davidson, Marsha Weg Bormann, Davenport, Iowa, for defendant Merrill Lynch.

Michael Noyes, Davenport, Iowa, for defendant Laurie Jones Canady.

RULING AND ORDER

LONGSTAFF, District Judge.

Defendants move for partial summary judgment on or, in the alternative, to dismiss, Count VII (RICO) of plaintiff's amended complaint (revised). Defendants argue (1) that plaintiff cannot establish the existence of an enterprise separate and distinct from the persons alleged to have associated with the enterprise, (2) that plaintiff failed to allege injury "by reason of" investment of racketeering income, and ...

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