Unpublished Disposition, 914 F.2d 263 (9th Cir. 1990)

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U.S. Court of Appeals for the Ninth Circuit - 914 F.2d 263 (9th Cir. 1990)

Dan O'ROURKE, Trustee in Bankruptcy for CASCADE AIRWAYSINC., a Washington corporation, Plaintiff-Appellant,v.HORIZON AIR INDUSTRIES, INC., a Washington corporation,Vanguard Ventures, Inc., a New York corporation, AICManagement CORPORATION, a Delaware corporation, AmericanInvestors Corporation, a Connecticut corporation, FieldPoint Holding Corporation, a Connecticut corporation, MiltonG. Kuolt, II, Jane Doe Kuolt, Carl Paffendorf, Defendants-Appellees,andVANGUARD VENTURES, INC., AIC Management Corporation, et al.,Third-party-plaintiffs,v.Mark CHESTNUTT, Third-party-defendant-appellee.

No. 89-35555.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Sept. 12, 1990.Decided Sept. 19, 1990.



The judgment is affirmed for the reasons set forth in the district court's Memorandum Opinion of July 28, 1989, except for the district court's decision requiring the plaintiff to have been a purchaser or a seller of securities in order to have standing to bring a claim under 18 U.S.C. § 1962(a). This decision is error under our recent decision in Securities Investor Protection Corporation v. Vigman, No. 89-55094 (9th Cir. Aug. 3, 1990). However, this error of law does not change the result in this case since we agree with the district court that plaintiff has not presented a genuine issue of material fact on the Sec. 1962(a) claim.

The judgment is AFFIRMED.


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3