(DOWNLOAD) "Michaels Building Co. V. Ameritrust Co." by United States Court Of Appeals For The Sixth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Michaels Building Co. V. Ameritrust Co.
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 17, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
This group of consolidated appeals involved a series of nearly identical rulings by the United States District Court for the Northern District of Ohio in a tetralogy of class actions asserting claims under the Racketeer Influenced and Corrupt Organization act ("RICO"), the Sherman Act and Ohio law. Appellants challenge three of the district court's rulings: (1) the dismissal of their RICO and state fraud claims with prejudice, pursuant to Fed. R. Civ. P. 9(b) and 12(b)(6), for failure adequately to plead circumstances constituting fraud; (2) the dismissal of their Sherman Act claims with prejudice, pursuant to Fed. R. Civ. P. 12(b)(6), for failure adequately to state a claim; and (3) the dismissal of defendant Ameritrust, pursuant to Fed. R. Civ. P. 21, for misjoinder. Final judgments were entered under Fed. R. Civ. P. 54(b), thus conferring appellate jurisdiction upon this court. We agree with appellant that the district court erred in dismissing the fraud and Sherman Act claims, and therefore REVERSE with respect to those issues. We AFFIRM however, the district court's decision to dismiss the Ameritrust defendants.
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