R.A.G.S. Couture Inc. v. Hyatt

WISDOM, Circuit Judge: This case raises questions concerning the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961-1968, in the wake of the Supreme Court's decision in Sedima, S.P.R.L. v Imrex Co., 1985, 473 U.S. 479, 105 S. Ct. 3275, 87 L. Ed. 2d 346 . In Sedima, the majority opinion relied heavily on the broad language to its limit. The complaint minimally complies with the requirements sufficient to support a civil RICO violation: two individual defendants are termed an ""enterprise""1 and two acts of mail fraud they allegedly committed constitute a pattern of ""racketeering activity"".2 The district court granted the defendants' motions to dismiss and for summary judgment. We conclude that we are compelled to reserve in the light of the Sedima decision and the procedural setting of this case.