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SERIG v. SOUTH COOK COUNTY SERVICE CORP.

March 2, 1984

DALE R. SERIG AND D.R. SERIG & COMPANY, AN ILLINOIS CORPORATION, PLAINTIFFS,
v.
SOUTH COOK COUNTY SERVICE CORPORATION, LANSING FEDERAL SAVINGS & LOAN ASSOCIATION, THE FIRST NATIONAL BANK OF LANSING, NOT INDIVIDUALLY, BUT SOLELY AS TRUSTEE UNDER TRUST AGREEMENT DATED APRIL 10, 1979 AND KNOWN AS TRUST NO. 2994, FRANK TRICHAK, BARBARA FUEHRMEYER, JACOB S. MCCLAIN, ROBERT A. BERGREN, NORMAN W. SCHULTZ, LYLE A. KOOY, CHARLES KOSELKE, CLARICE FAZIO, RICHARD HOOK, AND JOSEPH CHELBANA, DEFENDANTS.



The opinion of the court was delivered by: Nordberg, District Judge.

MEMORANDUM OPINION AND ORDER

This matter is before the court on defendants' motion to dismiss. The plaintiffs, Dale R. Serig and D.R. Serig & Company, sued defendants, South Cook County Services Corp., Lansing Federal Savings & Loan Association, et al., because of a dispute that arose in connection with a joint venture agreement for the purchase and development of certain real estate. Jurisdiction is predicated on 28 U.S.C. § 1337, which grants jurisdiction to district courts over any civil actions arising under congressional acts regulating commerce and the doctrine of pendent jurisdiction.

The complaint consists of nine counts. Only Counts IV and V involve federal claims, and if these claims cannot withstand defendant's motion to dismiss, pendent jurisdiction over the related state claims is also lacking. United Mine Workers v. Gibbs, 383 U.S. 715, 86 S.Ct. 1130, 16 L.Ed.2d 218 (1966).

RICO Count

Turning first to Count IV, plaintiffs allege a claim under 18 U.S.C. § 1961-1968, the Racketeer Influence and Corrupt Organization Statute (RICO). An essential element of a RICO claim is a violation of 18 U.S.C. § 1962. Section 1962 requires proof of the following six factors:

1) that a person

2) through a pattern

  3) of racketeering activity or collection of an
    unlawful debt

4) directly or indirectly

(a) invests in or

(b) maintains an interest in, or

(c) participates in

5) an enterprise;

  6) the activities of which affect interstate
  ...

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