Unpublished Dispositionbill J. Cory, Plaintiff-appellant, v. Marvin R. Lang, Robert W. Zaugg, Standard Federal Savingsbank, Defendants-appellees, 843 F.2d 1386 (4th Cir. 1988)

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U.S. Court of Appeals for the Fourth Circuit - 843 F.2d 1386 (4th Cir. 1988) Submitted Feb. 29, 1988. Decided March 31, 1988

Bill J. Cory, appellant pro se.

David Machanic, Warren L. Miller, Joan Langworthy Loizeaux, Pierson, Ball & Dowd, for appellees.

Before K.K. HALL, SPROUSE, ERVIN, Circuit Judges.

PER CURIAM:


Bill J. Cory, a Virginia resident, appeals from the district court's dismissal without prejudice of his complaint, seeking civil RICO liability pursuant to 18 U.S.C. §§ 1961, et seq. Cory's complaint alleged that Standard Federal had committed a "pattern" of racketeering activity by allegedly underpaying him interest on his T-bill Plus account 36 times over a forty month period. We affirm.

The district court properly found that Cory had failed to allege a "pattern" of racketeering activity. Even assuming Cory sufficiently alleged that the defendants constituted a "enterprise" that perpetrated a fraudulent scheme against him, the complaint still "failed to charge the kind and degree of continuous engagement in criminal conduct required to constitute a RICO 'pattern.' " Eastern Publishing & Advertising, Inc. v. Chesapeake Publishing & Advertising, Inc., 831 F.2d 488, 492 (4th Cir. 1987). See International Data Bank, Ltd. v. Zepkin, 812 F.2d 149 (4th Cir. 1987).

We dispense with oral argument because the dispositive issues have recently been decided authoritatively.

AFFIRMED.

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