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22-May-2019 14:40

Capezza; Estrelita Capezza; Jacques Cormier; Anite Cormier; Steven Kalinowski; Bernard Kalinowski; Charles R. Dodyk, Cravath, Swaine & Moore, New York, NY, for Appellees Am Base; City Investing Company Liquidating Trust; Carteret Bancorp Inc.; George T. The First Amended Complaint alleges that GDC improved only a small portion of the 1,000 square mile tract of land that it owned in Florida and that it had no intention of developing the land further.

O'Brien, Delany & O'Brien, Voorhees, NJ, for Appellants Jose Rolo; Rosa Rolo; William Tenerelli; Roseanne Tenerelli; Dominick J. Eakeley (Argued), Lowenstein, Sandler, Kohl, Fisher & Boylan, Roseland, NJ, Paul M. Plaintiffs allege that GDC and GDV engaged in a fraudulent marketing scheme to sell real estate in violation of several federal criminal and civil statutes.

Heimlich (Argued), Deutsch & Frey, New York, NY, William J. Accordingly, we will affirm the district court's decision on remand in its entirety.

We conclude that there were adequate grounds to dismiss each of plaintiffs' RICO claims and that the district court did not abuse its discretion by denying plaintiffs further leave to amend their complaint.

Mantell ----------------------------------- Lester J.

Others loaned GDC money and extended credit to the company.

Perretti, Jr., Riker, Danzig, Scherer, Hyland & Perretti, Morristown, NJ, for Appellees Cravath, Swaine & Moore and David G. Plaintiffs assert that the district court erred in dismissing their RICO claims and abused its discretion by denying them leave to amend their complaint.

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Capezza, Estrelita Capezza, Jacques Cormier, Anite Cormier, Steven Kalinowski, Bernard Kalinowski, Charles R. Capezza, Estrelita Capezza, Jacques Cromier, Anite Cormier, Steven Kalinowski, Bernard Kalinowski, Charles R. The district court adopted this classification and divided the defendants into six categories:1 City Defendants, Inside Director Defendants, Director Defendants, Financing Defendants, Mortgagee Defendants and Lot Contract Defendants. Bartkus, Pinto, Rodgers and Kopf, Morristown, NJ, for Appellee Prudential Insurance Company of America. Ford, Landman, Corsi, Ballaine & Ford, Newark, NJ, for Appellee Federal Home Loan Mortgage Corporation. Moldoff, Adelman, Lavine, Gold & Levin, Philadelphia, PA, for Appellees Oxford Fin Co., and Oxford First Corp. OPINION OF THE COURT ROTH, Circuit Judge: This case arises from the sale of residential realty in Florida. William and Rosanne Tenerelli, purchased lots and homes from General Development Corporation ("GDC") and its subsidiary GDV Financial, Inc. They claim that they were deceived by a fraudulent marketing scheme which induced them to purchase residential lots and homes at inflated prices. The court held that plaintiffs' RICO claims were time-barred; plaintiffs had failed to plead adequately the existence of a RICO conspiracy; and they had failed to satisfy the essential requirements for pleading aider and abettor liability under RICO.



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