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Community National v. Kelleher, 93-2181 (1994)

Court: Court of Appeals for the First Circuit Number: 93-2181 Visitors: 8
Filed: Mar. 16, 1994
Latest Update: Mar. 02, 2020
Summary: March 16, 1994 [NOT FOR PUBLICATION] UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT ___________________ No. 93-2181 COMMUNITY NATIONAL BANK, ET AL. Plaintiff/appellant Regina M. ____________ Kelleher, appeals, pro se, the dismissal of her second amended civil complaint by the district court.
USCA1 Opinion




March 16, 1994 [NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT


___________________


No. 93-2181




COMMUNITY NATIONAL BANK, ET AL.,
Plaintiff, Appellees,

v.

CENTERPOINT BANK, ET AL.,
Defendants, Appellees,
________________

REGINA M. KELLEHER,
Intervenor Plaintiff-Appellant.


__________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE


[Hon. Paul J. Barbadoro, U.S. District Judge]
___________________

___________________

Before
Breyer, Chief Judge,
___________
Torruella and Boudin, Circuit Judges.
______________

___________________

Regina M. Kelleher on brief pro se.
__________________
Martha V. Gordon, Nelson, Kinder, Mosseau & Gordon on brief
________________ ______ ______ _______ ______
for appellee.



__________________

__________________





















Per Curiam. Plaintiff/appellant Regina M.
____________

Kelleher, appeals, pro se, the dismissal of her second

amended civil complaint by the district court. The complaint

alleges a violation of the Racketeer Influenced and Corrupt

Organizations Act (RICO), 18 U.S.C. 1961-1968, and a

pendent state law claim for tortious interference with

business relations. The district court dismissed the

complaint on the grounds that plaintiff lacks standing to

assert a RICO claim.

We have reviewed the parties' briefs and the record

below and affirm for essentially the reasons stated in the

district court's order. We add that although the district

court did not specifically address the pendent state claim in

its order, the court's blanket dismissal seemingly

encompasses all claims in the second amended complaint. The

district court appropriately dismissed the pendent claim

without reaching the merits. As the Supreme Court has held,

"when the federal-law claims have dropped out of the lawsuit

in its early stages, and only state-law claims remain, the

federal court should decline the exercise of jurisdiction by

dismissing the case without prejudice." Carnegie-Mellon
_______________

Univ. v. Cohill, 484 U.S. 343, 350 (1988); see also United
_____ ______ ________ ______

Mine Workers v. Gibbs, 383 U.S. 715, 726 (1966).
____________ _____

Affirmed.
________





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Source:  CourtListener

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