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IN RE CLASSICSTAR MARE LEASE LITIGATION

Nos. 12-5467, 12-5475.

727 F.3d 473 (2013)

In re CLASSICSTAR MARE LEASE LITIGATION. West Hills Farms, LLC, Arbor Farms, LLC, Nelson Breeders, LLC, MacDonald Stables, LLC, Jaswinder Grover, Monica Grover, Plaintiffs-Appellees, v. ClassicStar Farms, Inc., GeoStar Corporation, Tony P. Ferguson, ClassicStar 2004, LLC, Thomas E. Robinson (12-5467); John W. Parrott (12-5475), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 18, 2013.

Rehearing and Rehearing En Banc Denied September 18, 2013.

Attorney(s) appearing for the Case

ARGUED: Kannon K. Shanmugam, Williams & Connolly LLP, Washington, D.C., for Appellants. Barry D. Hunter, Frost Brown Todd, Lexington, Kentucky, for Appellees in 12-5467 and 12-5475 ON BRIEF: Kannon K. Shanmugam, Williams & Connolly LLP, Washington, D.C., for Appellants. Barry D. Hunter, Frost Brown Todd, Lexington, Kentucky, for Appellees in 12-5467 and 12-5475.

CLAY, J., delivered the opinion of the court, in which GRIFFIN, J., joined. MERRITT, J. (pp. 497-501), delivered a separate opinion concurring in part and dissenting in part.

OPINION

CLAY, Circuit Judge.

This case arises from the fraudulent operation of an investment vehicle called the Mare Lease Program. Plaintiffs, a group of investors, alleged that Defendants violated the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1962(c), by convincing them to invest in the Mare Lease Program and related entities in order to take advantage of various tax deductions. Little did Plaintiffs know that the assets...

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