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Capezza, Estrelita Capezza, Jacques Cromier, Anite Cormier, Steven Kalinowski, Bernard Kalinowski, Charles R. 90-cv-04420) Argued September 16, 1996 Before: BECKER, NYGAARD and ROTH, Circuit Judges (Opinion Filed August 31, 1998) Herbert I. The primary defendants are City Trust, George Scharffenberger, Marshall Manley, Edwin Hatch, Eben Pyne, David F. The plaintiffs allege that the actions of the secondary defendants are also in violation of RICO. Procedural History Plaintiffs filed their original complaint on August 8, 1989, in the United States District Court for the District of New Jersey against GDC and its subsidiary, GDV, asserting claims under RICO, S 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5, the Land Sales Act, various state RICO statutes, and breach of fiduciary obligations. Before plaintiffs filed their amended complaint, on April 16, 1990, the case was administratively terminated because GDC had filed a petition for bankruptcy under Chapter 11. The court dismissed the plaintiffs' complaint without granting leave to file a further amended complaint. Their Petition requested this Court to reconsider its jurisprudence on the person/enterprise distinction, which was applied to claims brought under RICO. While plaintiffs' Petition was pending, another panel of this Court decided Jaguar Cars, Inc. This holding endorsed the position taken by plaintiffs in their Petition for Rehearing. On August 24, 1995, the district court once again dismissed this case in its entirety, holding all other grounds for dismissing plaintiffs' claims were unaffected by Jaguar Cars. On November 1, 1995, plaintiffs filed their notice of appeal from the district court's decisions dismissing the complaint and denying post- judgment relief pursuant to Rule 60(b). S 1291, as the appeal arises from a final decision of the district court dismissing all of the remaining claims of the First Amended Complaint, dismissing plaintiffs' motion for leave to serve a Second Amended Complaint, and denying plaintiffs' motion, pursuant to Rule 60(b), for leave to serve a further amended complaint. S 1331 and exercised pendent jurisdiction over their state claims. Under these circumstances, we conclude that the actions of the district court are consistent with this Court's mandate. 1994), affirming the district court's refusal to grant leave to amend, we reasoned: . Plaintiffs have already had ample opportunity to plead their allegations properly and completely. Finally, in our Judgment Order of November 8, 1994, which was later vacated, we ruled that the district court had not erred in denying plaintiffs leave to amend.

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