Page:United States Reports 502 OCT. TERM 1991.pdf/828

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ORDERS 502 U. S.

921

October 15, 1991

No. 91–359. City of New York, Department of Personnel, et al. v. Piesco. C. A. 2d Cir. Certiorari denied. Justice White would grant certiorari. Reported below: 933 F. 2d 1149. No. 91–87. Schmidt v. United States. C. A. 7th Cir. Motion of Parish Council of Our Lady of Lourdes Catholic Church et al. for leave to file a brief as amici curiae denied. Certiorari denied. Reported below: 923 F. 2d 1253. No. 91–95. Reddy v. Litton Industries, Inc., et al. C. A. 9th Cir. Certiorari denied. Reported below: 912 F. 2d 291. Justice White, dissenting. One of the issues in this case is whether a person has standing to sue for a conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U. S. C. § 1962(d), if the wrongful acts alleged do not constitute “predicate acts” as defined in § 1961(1). Following the lead of the Second Circuit in Hecht v. Commerce Clearing House, Inc., 897 F. 2d 21 (1990), the Ninth Circuit in this case held that petitioner lacked standing to assert a conspiracy claim under § 1962(d) because he did not allege injury from overt acts which themselves are prohibited in the RICO statute. 912 F. 2d 291, 295 (1990). The Court of Appeals recognized that a division in authority existed between the Second Circuit’s view, as expressed in Hecht, and the Third Circuit’s position propounded in Shearin v. E. F. Hutton Group, Inc., 885 F. 2d 1162 (1989). In Shearin, the Third Circuit had held that a person has standing to assert a § 1962(d) violation for overt acts of conspiracy that are not defined in § 1961(1). 885 F. 2d, at 1166–1167. The Ninth Circuit explicitly rejected the Third Circuit’s position and adopted the Second Circuit’s rule. Because a conflict exists among the Courts of Appeals on this important federal question, I would grant certiorari to consider it. No. 91–101. Universal Foods Corp. v. Wisconsin Labor & Industry Review Commission et al. Ct. App. Wis. Motion of respondent Damato for leave to proceed in forma pauperis granted. Certiorari denied. Reported below: 161 Wis. 2d 1, 467 N. W. 2d 793. No. 91–124. Swoyer v. Pennsylvania Department of Transportation. Commw. Ct. Pa. Motion of respondent for