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OVERNITE TRANSP. CO. v. TRUCK DRIVERS UNION LOCAL

January 31, 1989

OVERNITE TRANSPORTATION COMPANY, Plaintiff,
v.
TRUCK DRIVERS, OIL DRIVERS, FILLING STATION AND PLATFORM WORKERS UNION LOCAL NO. 705, Defendant



The opinion of the court was delivered by: DUFF

 BRIAN BARNETT DUFF, UNITED STATES DISTRICT JUDGE.

 Plaintiff Overnite Transportation Company ("Overnite") brings this action against defendant Truck Drivers, Oil Drivers, Filling Station and Platform Workers Union Local No. 705 ("Local 705"), under the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. §§ 1961 et seq., and Illinois common law. Local 705 has moved to dismiss the RICO claim on a number of grounds, and to dismiss the pendent state law claim for lack of subject matter jurisdiction. For the reasons set forth below, the motion is granted.

 THE COMPLAINT

 DISCUSSION

 Section 1962(c) makes it "unlawful for any person employed by or associated with any enterprise engaged in, or the activities of which affect interstate commerce, to conduct or participate, directly or indirectly, in the conduct of such enterprise's affairs through a pattern of racketeering activity or collection of unlawful debt." Section 1961 defines many of these terms. An "enterprise" is "any individual, partnership, corporation, association or other legal entity, and any union or group of individuals associated in fact although not a legal entity." Section 1961(4). "Racketeering activity" includes "any act or threat involving murder, kidnapping, gambling, arson, robbery, bribery, extortion, or dealing in narcotic or other dangerous drugs, which is chargeable under State law and punishable by imprisonment for more than one year." Section 1961(1). And a "pattern of racketeering activity" means "at least two acts of racketeering activity, one of which occurred within ten years after the effective date of this chapter and the last of which occurred within ten years (excluding any period of imprisonment) after the commission of a prior act of racketeering activity." Section 1961(5).

 Local 705 predicates its motion to dismiss on three grounds: that the alleged violations of Ill.Rev.Stat. ch. 38, para. 20-1, do not constitute extortion as that term is used in the definition of "racketeering activity"; that the alleged acts of arson do not amount to a pattern of racketeering activity; and that, although Overnite meets the definition of a RICO enterprise, Local 705's alleged unlawful acts do not constitute participation in the affairs of Overnite for the purposes of § 1962(c).

 Predicate Acts

 Ill.Rev.Stat. ch. 38, para. 12-6, entitled "Intimidation," provides, in pertinent part, that:

 
(a) A person commits intimidation when, with intent to cause another person to perform or to omit the performance of any act, he communicates to another a threat to perform without lawful authority any of the following acts:
 
(1) Inflict physical harm on the person threatened or any other person or on property; or
 
* * * *
 
(3) Commit any criminal ...

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