Unpublished Disposition, 878 F.2d 386 (9th Cir. 1989)

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U.S. Court of Appeals for the Ninth Circuit - 878 F.2d 386 (9th Cir. 1989)

NORTHWEST LAND AND INVESTMENT, INC., a Washingtoncorporation, George R. Green, an individual,Plaintiffs-Appellants,v.NEW WEST FEDERAL SAVINGS AND LOAN ASSOCIATION, as Assigneeof the Federal Savings and Loan Insurance Corporation asReceiver for American Savings, A Federal Savings and LoanAssociation, as Assignee of the Federal Savings and LoanInsurance Corporation as Receiver for American Savings andLoan Association, et al., Defendants-Appellees,NORTHWEST LAND AND INVESTMENT, INC., a Washingtoncorporation, George R. Green, an individual,Plaintiffs-Appellees,v.NEW WEST FEDERAL SAVINGS AND LOAN ASSOCIATION, as Assigneeof the Federal Savings and Loan Insurance Corporation asReceiver for American Savings, A Federal Savings and LoanAssociation, as Assignee of the Federal Savings and LoanInsurance Corporation as Receiver for American Savings andLoan Association, Defendant-Appellant.NORTHWEST LAND AND INVESTMENT, INC., a Washingtoncorporation, George R. Green, an individual,Plaintiffs-Appellees,v.NEW WEST FEDERAL SAVINGS AND LOAN ASSOCIATION, as Assigneeof the Federal Savings and Loan Insurance Corporation asReceiver for American Savings, A Federal Savings and LoanAssociation, as Assignee of the Federal Savings and LoanInsurance Corporation as Receiver for American Savings andLoan Association, Defendant,andJeffrey A. HAMILTON, A. Foster Fluetsch, Ray E. Stewart,Arthur L. Shingler, Edward D. Marx, John J. Borer, JerryPancratz, Thomas T. Welch, James P. Anthony, Dan Gallager,Lee Stevens, Bob Neilbeck, Defendants-Appellants.

No. 88-3842.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted June 7, 1989.Decided June 23, 1989.

William L. Dwyer, District Judge, Presiding.

Before SCHROEDER, BEEZER, and BRUNETTI, Circuit Judges.


MEMORANDUM* 

Plaintiffs appeal the district court's dismissal of their RICO action on res judicata grounds. That dismissal must be affirmed. The plaintiffs' RICO claims are precluded by principles of res judicata, for all the reasons stated in Judge Dwyer's order of April 21, 1988. There is no material difference between Washington law on claims preclusion and the law of this circuit. Compare Rains v. State, 100 Wash. 2d 660, 664, 674 P.2d 165, 168 (1983) with Costantini v. Trans World Airlines, 681 F.2d 1199, 1201-02 (9th Cir. 1982).

The district court's denial of defendants' request for Rule 11 sanctions is affirmed as well. Plaintiffs' position that the Washington state courts may not have had jurisdiction of RICO claims is not wholly frivolous. See Tafflin v. Levitt, 57 U.S.L.W. 3775 (U.S. May 30, 1989) (certiorari granted on the question of whether federal court jurisdiction of RICO claims is exclusive). For the same reason, we decline to impose FRAP 38 sanctions.

AFFIRMED.

ORDER

It is hereby ORDERED that New West Federal Savings and Loan Association is substituted for American Savings, a Federal Savings and Loan Association, as assignee of the Federal Savings and Loan Insurance Corporation as receiver for American Savings and Loan Association, as Defendant/Appellee in appeal No. 88-3842, and as Defendant/Cross-Appellant in appeal No. 88-3857 and No. 88-3864.

 *

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3