National Enterprises, Inc. v. Mellon Financial Services Corp. Number 7, R. Allen Forbes and Aetna Casualty & Surety
Court of Appeals for the Fifth Circuit
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
National Enterprises, Inc. sold building materials to a construction company, G & N Enterprises, which later filed a petition in bankruptcy without paying for the supplies. National brought this RICO action against G & N’s primary lender, Mellon Financial Services Corporation Number 7, and its loan officer, R. Allen Forbes. The RICO theory argued is that Forbes, in requiring kickbacks as a condition of loans to G & N, injured National when he defrauded G & N of those sums of money that would have allowed payment to creditors. The district court dismissed this…
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