829 F.2d 648 (8th Cir. 1987), 87-5121, H.J. Inc. v. Northwestern Bell Telephone Co., a subsidiary of United States West

Docket Nº:87-5121.
Citation:829 F.2d 648
Party Name:RICO Bus.Disp.Guide 6743 H.J. INC., a Minnesota corporation, Kirk Dahl, Larry Krugen and Mary Krugen, individually and d/b/a Photo Images, Susan Davis, Robert Neal, Issac H. Ward, Richard L. Anderson, Thomas J. Mott, and all others similarly situated, Appellants, v. NORTHWESTERN BELL TELEPHONE COMPANY, A SUBSIDIARY OF U.S. WEST, A.B.C. individually
Case Date:September 22, 1987
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit
 
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Page 648

829 F.2d 648 (8th Cir. 1987)

RICO Bus.Disp.Guide 6743

H.J. INC., a Minnesota corporation, Kirk Dahl, Larry Krugen

and Mary Krugen, individually and d/b/a Photo Images, Susan

Davis, Robert Neal, Issac H. Ward, Richard L. Anderson,

Thomas J. Mott, and all others similarly situated, Appellants,

v.

NORTHWESTERN BELL TELEPHONE COMPANY, A SUBSIDIARY OF U.S.

WEST, A.B.C. individually and D.E.F. as

corporations, and other unnamed

coconspirators, Appellees.

No. 87-5121.

United States Court of Appeals, Eighth Circuit

September 22, 1987

Submitted Sept. 2, 1987.

Rehearing and Rehearing En Banc Denied Oct. 23, 1987.

Page 649

John Cochrane, St. Paul, Minn., for appellants.

John French, Minneapolis, Minn., for appellees.

Before McMILLIAN, Circuit Judge, HENLEY, Senior Circuit Judge, and JOHN R. GIBSON, Circuit Judge.

HENLEY, Senior Circuit Judge.

Plaintiffs appeal from the district court's 1 order dismissing their complaint for failure to state a claim upon which relief could be granted. Fed.R.Civ.P. 12(b)(6); H.J. Inc. v. Northwestern Bell Telephone Co., 648 F.Supp. 419, 430 (D.Minn.1986). Appellants' complaint alleged, inter alia, violations of the Racketeer Influenced and Corrupt Organizations Act. 18 U.S.C. Secs. 1961-68 (RICO). We affirm.

Because appellants' complaint was dismissed pursuant to Rule 12(b)(6), we view the facts alleged in their complaint in the light most favorable to them. Bennett v. Berg, 685 F.2d 1053, 1057-58 (8th Cir.1982), cert. denied, 464 U.S. 1008, 104 S.Ct. 527, 78 L.Ed.2d 710 (1983). The gravamen of appellants' complaint is that appellee Northwestern Bell Telephone Company undertook to illegally influence members of the Minnesota Public Utilities Commission (MPUC), the state regulatory body responsible for determining the rates which Northwestern Bell may charge. Appellants claim that Northwestern Bell sought to influence individual MPUC commissioners by various methods including cash gifts, employment offers, tickets to sporting and cultural events, airline tickets, meals and parties. Appellants allege a series of episodes beginning in 1980 and claim the practices continue through the present. The district court dismissed appellants' RICO claims for failure to allege a pattern of racketeering activity. H.J. Inc., 648 F.Supp. at 423-26.

The core requirement for a RICO violation...

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