claims, but later amended their complaint adding unfair competition and Racketeer Influenced and Corrupt Organization (RICO) violations. Defendant now moves to dismiss the RICO count for failure to state a claim upon which relief can be granted giving the following reasons:
1. Plaintiffs' failure to allege "person" and "enterprise" as distinct entities;
2. Plaintiffs' failure to properly allege the existence of predicate acts upon which the "pattern of racketeering activities" is established;
3. Plaintiffs' failure to set forth with specificity the allegations of a conspiracy;
4. Plaintiffs' failure to allege racketeering injury.
The second and fourth bases of defendant's arguments were considered and rejected recently by the United States Supreme Court in Sedima, S.P.R.L. v. Imrex Co., Inc., et al., 473 U.S. 479, 53 U.S.L.W. 5034, 87 L. Ed. 2d 346, 105 S. Ct. 3275 (1985), and in American National Bank and Trust Co. of Chicago et al v. Haroco, Inc., et al., 473 U.S. 606, 53 U.S.L.W. 5067, 87 L. Ed. 2d 437, 105 S. Ct. 3291 (1985). The court decided that racketeering injury was not a requirement to state a RICO claim, and that injury caused by the predicate acts was sufficient. Since the latter injury is present in this case we need not give defendant's fourth argument any further consideration.
As to the lack of allegations pertaining to the predicate acts, we note that the Sedima Court clarified what allegations are necessary. To state a claim under RICO, 18 U.S.C. § 1962(c) the plaintiff must allege (1) conduct, (2) of an enterprise (3) through a pattern, (4) of racketeering activity. Sedima, 53 U.S.L.W. at 5038-39. Thus ostensibly, plaintiffs must simply allege that Dravo conducted an enterprise through a pattern of racketeering, and need not allege the elements of the predicate acts. We believe that plaintiffs' amended complaint meets the Sedima requirements, and defendant's second argument is therefore rejected.
In reviewing the amended complaint, we believe that defendant's first argument is more troublesome. Plaintiffs' allegations in this regard are somewhat confusing since they state that
1. Dravo is an enterprise;