1998 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

10-2-1998

Rolo v. City Investing Co

Precedential or Non-Precedential:

Docket 95-5768

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Recommended Citation

"Rolo v. City Investing Co" (1998). 1998 Decisions. Paper 238.

http://digitalcommons.law.villanova.edu/thirdcircuit_1998/238
Filed October 2, 1998 

UNITED STATES COURT OF APPEALS 

FOR THE THIRD CIRCUIT 

Nos. 95-5768 & 96-5128 

JOSE and ROSA ROLO; and DR. WILLIAM and 

ROSEANNE TENERELLI 

v. 

CITY INVESTING COMPANY LIQUIDATING TRUST; 

AmBASE CORPORATION; CARTERET BANCORP, INC.; 

FEDERAL DEPOSIT INSURANCE CORPORATION, as 

Successor to RESOLUTION TRUST CORPORATION, in its 

capacity as RECEIVER OF CARTERET SAVINGS BANK, 

FA; THE HOME INSURANCE COMPANY; GEORGE T. 

SCHARFFENBERGER; MARSHALL MANLEY; EDWIN I. 

HATCH; EBEN W. PYNE; REUBIN O'D. ASKEW; 

HOWARD L. CLARK, JR.; CHARLES J. SIMONS; 

PETER R. BRINKERHOFF; DAVID F. BROWN; ROBERT F. 

EHRLING; CRAVATH, SWAINE & MOORE; DAVID G. 

ORMSBY; FEDERAL DEPOSIT INSURANCE 

CORPORATION, in its capacity as RECEIVER OF 

SOUTHEAST BANK, NA; PAINEWEBBER INCORPORATED; 

MERRILL LYNCH, PIERCE, FENNER & SMITH, INC.; THE 

PRUDENTIAL INSURANCE COMPANY OF AMERICA; 

NATIONAL BANK OF CANADA; CITICORP REAL ESTATE, 

INC.; FIRST NATIONAL BANK OF BOSTON; FEDERAL 

NATIONAL MORTGAGE ASSOCIATION; FEDERAL HOME 

LOAN MORTGAGE CORPORATION; CHASE FEDERAL 

BANK, FSB; CITIZENS AND SOUTHERN TRUST 

COMPANY (FLORIDA), NA; REGIONS BANK OF 

LOUISIANA, as Successor to SECOR BANK, FSB; 

OXFORD FIRST CORP.; THE OXFORD FINANCE 

COMPANIES, INC.; LASALLE BUSINESS CREDIT, INC.; as 

Successor to STANCHART BUSINESS CREDIT, INC.; 
HARBOR FEDERAL SAVINGS AND LOAN ASSOCIATION; 

GREYHOUND FINANCIAL CORPORATION; LLOYDS BANK 

PLC; and JOHN DOES 1-10 

 Jose Rolo, Rosa Rolo, Dr. William 

 Tenerelli, and Roseanne Tenerelli, 

 and proposed intervenor plaintiffs 

 Dominick J. Capezza, Estrelita 

 Capezza, Jacques Cormier, Anite 

 Cormier, Steven Kalinowski, 

 Bernard Kalinowski, Charles R. 

 Panellino, and Clarisse Panellino, 

 Appellants in 95-5768 

 proposed intervenor plaintiffs 

 Dominick J. Capezza, Estrelita 

 Capezza, Jacques Cromier, Anite 

 Cormier, Steven Kalinowski, 

 Bernard Kalinowski, Charles R. 

 Panellino, and Clarisse Panellino, 

 Appellants in 96-5128 

(Caption amended per Clerk's 11/27/95, 1/3/96 & 

2/29/96 orders) 

On Appeal from the United States District Court 

for the District of New Jersey 

(D.C. Civil Action No. 90-cv-04420) 

Argued September 16, 1996 

Before: BECKER, NYGAARD and ROTH, Circuit Judges 

(Opinion Filed 8/31/98) 

ORDER AMENDING SLIP OPINION 

IT IS ORDERED that the slip opinion in the above case, 

filed on August 31, 1998, be amended as follows: 

On page 10, line 17, delete "George" and replace it with 

"Gerald"; and 

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On page 27, line 9, the second sentence, delete the word 

"either" and delete the word "or" and replace "or" with the 

word "and". The sentence should now read as follows: 

 "Under this method, plaintiffs have four years in which 

 to file suit from the time that they discover or should 

 have discovered their injury and the defendants' 

 pattern of racketeering activity." 

 By the Court, 

 /s/ Jane R. Roth 

 Circuit Judge 

Dated: October 2, 1998 

A True Copy: 

Teste: 

 Clerk of the United States Court of Appeals 

 for the Third Circuit 

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