Legal Opinion

National Enterprises, Inc. v. Mellon Financial Services Corp. Number 7, R. Allen Forbes and Aetna Casualty & Surety

Court of Appeals for the Fifth Circuit

Decided June 17, 1988No. 87-3310PublishedCited by 25 opinions

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…

2Cases cited7 opinions

  1. Sedima, S. P. R. L. v. Imrex Co.Supreme Court of the United States · 1985
  2. Harold Warren v. Manufacturers National Bank of Detroit, a National Banking AssociationCourt of Appeals for the Sixth Circuit · 1985
  3. Leatrice Carter v. Robert B. Berger and the Berger Group, Inc.Court of Appeals for the Seventh Circuit · 1985
  4. Rand v. Anaconda-Ericsson, Inc.Court of Appeals for the Second Circuit · 1986
  5. Terre Du Lac Ass'n v. Terre Du Lac, Inc.Court of Appeals for the Eighth Circuit · 1985

2 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. John Zervas v. D.L. Faulkner, Spencer Blain and Jane NixCourt of Appeals for the Fifth Circuit · 1988
  2. Petrobras America v. Samsung HeavyCourt of Appeals for the Fifth Circuit · 2021
  3. Zinser v. RoseAppellate Court of Illinois · 1993
  4. Grow Michigan, LLC v. LT Lender, LLCCourt of Appeals for the Sixth Circuit · 2022
  5. Summit Properties Inc. v. Hoechst Celanese Corp.Court of Appeals for the Fifth Circuit · 2000

20 more not listed; retrieve them via the Exa API.

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