Mark Neubauer v. FedEx Corporation

GRUENDER, Circuit Judge.

Mark Neubauer and his corporate entity, Marken, Inc., allege that FedEx Corporation; FedEx Ground Package System, Inc.; David Rebholz; Rodger Marticke; and Clifford Johnson (collectively “FedEx”) breached contractual duties, engaged in fraud, and violated North Dakota’s Franchise Investment Law and Racketeer Influenced and Corrupt Organizations (RICO) Act. Because Neubauer failed to state a claim upon which relief can be granted, we affirm the district court’s 1 dismissal of his amended complaint.

I. BACKGROUND

We proceed based on the facts as described in Neubauer’s…