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Two rival professional boxing promotion corporations were locked in a legal battle concerning unethical and criminal activities perpetrated by one with the intent of gaining a solid foothold in the business and an unfair advantage over the other. Petitioner Cedric Kushner Promotions, Ltd., a corporation based in New York City, filed a civil complaint before the Federal District Court against respondent Don King, the sole proprietor and president of Don King Productions, Inc…
Furthermore, respondent allegedly violated Sec. 1962d of RICO by conspiring against petitioner .
The District Court dismissed petitioner's complaint. Thus, the case was brought to the Court of Appeals, which upheld the decision of the lower court. Petitioner then elevated the case to the Supreme Court on a writ of certiorari.
A. Both the District Court and the Court of Appeals are one in saying that Sec. 1962c of RICO Act doesn't apply in the case at bar since respondent , being officer and employee of the corporation and acting within the scope of his corporate authority when he perpetrated the criminal acts, cannot be legally separated from the RICO corporation and also because petitioner failed to prove the existence of two different and separate entities i.e. a distinct person and a distinct enterprise.
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