Bruno v. Starr , 182 F. App'x 297 ( 2006 )

United States Court of Appeals
Fifth Circuit
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE FIFTH CIRCUIT May 9, 2006
_____________________ Charles R. Fulbruge III
Clerk
No. 05-30996
____________________
VINCENT BRUNO;
Plaintiff-Appellant,
v.
MICHAEL STARR, RMS HOLDINGS, L.L.C., W. CHRISTOPHER BEARY, JAMES
STARR, CAJUN RADIO CORPORATION, RUTH STARR, GREG GARRETT, ROBERT
WILKINS, and WILKINS COMMUNICATIONS NETWORK, INC.;
Defendants-Appellees,
__________________
Appeals from the United States District Court
For the Eastern District of Louisiana
__________________
Before JOLLY, DAVIS, and OWEN, Circuit Judges.
PER CURIAM:1
This case arises out of a dispute over the control of a
radio station. Vincent Bruno, one co-owner of the station,
brought RICO claims against Michael Starr, another co-owner of
the station, and various others who Bruno alleges conspired to
transfer the radio station to another company over his objection.
Starr moved to dismiss Bruno’s claims under Federal Rule of Civil
Procedure 12(b)(6) for, inter alia, failure to plead the
1
Pursuant to 5TH CIR. R. 47.5, the court has determined that this
opinion should not be published and is not precedent except under
the limited circumstances set forth in 5TH CIR. R. 47.5.4.
1
continuity required of a RICO claim, and the district court
granted the motion. Because Bruno’s claims as plead are clearly
foreclosed by this court’s precedent, see, e.g., Delta Truck &
Tractor, Inc. v. J.I. Case Co., 855 F.2d 241, 243-44 (5th Cir.
1988), cert. denied, 489 U.S. 1079 (1989) (finding no continuity
in multiple predicate acts that “were part and parcel of a
single, discrete and otherwise lawful commercial transaction”),
we affirm on the basis of the district court’s opinion.
AFFIRMED.
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