Bankers Trust Company v. Daniel Rhoades, Herman Soifer and Milton Braten

GEORGE C. PRATT, Circuit Judge:

This case is now on its second trip through the federal appellate system. On the first appeal, Bankers Trust Company (“Bankers”) avoided dismissal when our split decision, holding that Bankers had failed to state a claim under 18 U.S.C. §§ 1964(c) and 1962 because it had not suffered “a distinct RICO injury” from defendants’ alleged RICO violation, was vacated by the Supreme Court. Bankers Trust Co. v. Rhoades, 741 F.2d 511 (2d Cir.1984), vacated, 473 U.S. 922, 105 S.Ct. 3550, 87 L.Ed.2d 673 (1985).

This time the issues are different, but they still focus upon…