SCOTT v. BOOS

No. 98-15877.

215 F.3d 940 (2000)

Frank E. SCOTT, Plaintiff-Appellant, v. Bernard BOOS; Locke Goldsmith; Edward White; Johann Plamenig; Robert Ballard; Harold D.J. Gallison; La Jolla Capital Corporation, a Nevada corporation; Brian Gracey; American Wollastonite Mining Corporation, fka White Plains Resources Corporation, a publicly traded British Columbia corporation; Does, I through XX, inclusive, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 8, 2000.


Attorney(s) appearing for the Case

Bryan R. Clark, McDonald, Carano, Wilson, McCune, Bergin, Frankovich & Hicks, LLP, Las Vegas, Nevada for the plaintiff-appellant.

Bernard Boos, Burnaby, Canada, in proper person, defendant-appellee.

Locke Goldsmith, no appearance, no address.

Edward White, Burnaby, Canada, in proper person, defendant-appellee.

Johann Plamenig, no appearance, no address.

Robert Ballard, Burlington, Massachusetts, in proper person, defendant-appellee.

James C. Weaver, San Diego, California, for defendants-appellees Harold Gallison and LaJolla Capital Corporation.

Bruce Judd, Wright, Judd & Winkler, Las Vegas, Nevada, for defendant-appellee Brian Gracey and American Wollastonite Mining.

Before: POLITZ, REINHARDT, and HAWKINS, Circuit Judges.


MICHAEL DALY HAWKINS, Circuit Judge:

Section 107 of the Private Securities Litigation Reform Act of 1995 ("PSLRA") amended 18 U.S.C. § 1964(c) to eliminate as a predicate for civil claims under the Racketeer Influenced and Corrupt Organizations Act ("RICO") any conduct actionable as fraud in the purchase or sale of securities. See Pub.L. No. 104-67, § 107, 109 Stat. 737, 758 (1995). Frank Scott brought a...

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