Whelan v. Winchester Production Co.

DUHÉ, Circuit Judge:

The district court dismissed on summary judgment Plaintiffs’ civil Racketeer Influenced and Corrupt Organizations Act and common law fraud claims, the latter without prejudice. Defendants appeal requesting dismissal of Plaintiffs’ common law fraud claim with prejudice. Plaintiffs appeal the dismissal of their RICO claims. We affirm.

I. FACTUAL AND PROCEDURAL HISTORY

The defendants are: Winchester Production Company, its parent Westchester Gas Company, the estate of Sam Vaughan, Kim Vaughan, Amy Vaughan, Phillip Baldwin, Jr., and Newton Dorsett and his companies, Newiel, Inc.…