Legal Opinion
A.W. Hemmings v. Harold Barian
Court of Appeals for the Seventh Circuit
Decided June 12, 1987No. 86-2372PublishedCited by 72 opinions
1Opinion of the Court
POSNER, Circuit Judge.
The plaintiff, Hemmings, filed a complaint against the defendant, Barian, in a federal district court in Wisconsin. The complaint has two counts. The first alleges a violation of the RICO statute (Racketeer Influenced and Corrupt Organizations), 18 U.S.C. §§ 1961 et seq. The second alleges common law fraud, and bases federal jurisdiction on both diversity of citizenship (28 U.S.C. § 1332) and the judge-made doctrine of pendent jurisdiction. On Barian’s motion, the district judge dismissed the complaint. He held that the first count was barred by the applicable statute of…
2Cases cited30 opinions
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- DelCostello v. International Brotherhood of TeamstersSupreme Court of the United States · 1983
- Johnson v. Railway Express Agency, Inc.Supreme Court of the United States · 1975
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
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3Cited by72 opinions
- Apex Digital, Inc. v. Sears, Roebuck & Co.Court of Appeals for the Seventh Circuit · 2009
- Tworivers v. LewisCourt of Appeals for the Ninth Circuit · 1999
- John Doe v. Blue Cross & Blue Shield United of Wisconsin and Aurora Health Care, Inc.Court of Appeals for the Seventh Circuit · 1997
- Local 802, Associated Musicians of Greater New York v. The Parker Meridien HotelCourt of Appeals for the Second Circuit · 1998
- Sandra Bazile v. Finance System of Green Bay, ICourt of Appeals for the Seventh Circuit · 2020
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