March 16, 1994 [NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
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No. 93-2181
COMMUNITY NATIONAL BANK, ET AL.,
Plaintiff, Appellees,
v.
CENTERPOINT BANK, ET AL.,
Defendants, Appellees,
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REGINA M. KELLEHER,
Intervenor Plaintiff-Appellant.
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APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
[Hon. Paul J. Barbadoro, U.S. District Judge]
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Before
Breyer, Chief Judge,
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Torruella and Boudin, Circuit Judges.
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Regina M. Kelleher on brief pro se.
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Martha V. Gordon, Nelson, Kinder, Mosseau & Gordon on brief
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for appellee.
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Per Curiam. Plaintiff/appellant Regina M.
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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
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Univ. v. Cohill, 484 U.S. 343, 350 (1988); see also United
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Mine Workers v. Gibbs, 383 U.S. 715, 726 (1966).
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Affirmed.
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