Newport Ltd. v. Sears, Roebuck & Co.

PATRICK E. HIGGINBOTHAM, Circuit Judge: , .

This case appears before the Fifth Circuit for the second time. In 1990, the district court granted summary judgment for Sears, Roebuck and Co., on Newport Limited’s civil RICO claim and dismissed Newport’s' pendent state law claims. We affirmed the RICO decision, but instructed the trial court to rule on the pendent claims given the advanced state of the litigation. On remand, the court granted summary judgment on Newport’s state law claims as well. .We REVERSE the district court order granting summary judgment and REMAND for further proceedings.

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