Trudel v. Stoltz

67 F.3d 309 RICO Bus.Disp.Guide 8914 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John D. TRUDEL, Plaintiff-Appellant, v. John R. STOLTZ; Charlene Stoltz; Wilford K. Carey; Advanced Systems Concepts, Inc., an Oregon corporation; Advanced Navigation and Positioning Corporation, an Oregon corporation, Defendants-Appellees. No. 93-36061. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 13, 1995. Decided Sept. 25, 1995. 1 Before: HUG and FERGUSON, Circuit Judges, and SCHWARZER, District Judge * 2 MEMORANDUM ** 3 Trudel's complaint alleges violations of the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. Secs. 1961-68 (1988 & Supp. V 1994), as well as a supplemental state law breach of contract claim. After having given Trudel leave to amend, the district court dismissed the RICO claim under Fed.R.Civ.P. 12(b)(6) for failure to state a claim and dismissed the contract claim for lack of jurisdiction. We have jurisdiction of…