Legal Opinion
Barkley v. Carter County State Bank
District Court, E.D. Missouri
Decided March 21, 1996No. 1:94 cv 22 SNLPublished
1Opinion of the Court
MEMORANDUM AND ORDER
LIMBAUGH, District Judge.
This matter is before the Court on the Defendants’ Joint Motion for Summary Judgment (# 24). This civil case is brought under the RICO act and involves several bank transactions between the Plaintiffs and the Defendants. The Defendants argue that this action is time barred by the statute of limitations, that there is insufficient evidence to prove a pattern of activity as required by the statute, and that this action is barred by res judicata and collateral estoppel.
Courts have repeatedly recognized that summary judgment is a harsh remedy that…
2Cases cited13 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Poller v. Columbia Broadcasting System, Inc.Supreme Court of the United States · 1962
- Robert Johnson Grain Company v. Chemical Interchange CompanyCourt of Appeals for the Eighth Circuit · 1976
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