Opn for Frank William Gay, II and Robert C. Gay v. Melv Dummar & Clifton A. Goodw — Brought to you by Free Law Project, a non-prof dited to creatg high qualy open legal rmatn.
Contents:
FRANK W GAY II - PARK CY - ARIZONA
* frank w gay ii *
of ank william gay.
This se, like several before (as well as a few books and an Amy Award wng film),1 ncerns the tate of the late billnaire Howard Hugh. Platiff Melv Dummar has long mataed that he is entled to a portn of the Hugh fortune, havg been named an heir a handwrten document (the Holographic Will) purportg to be Hugh’s will. A Nevada jury found the Holographic Will valid 1978. But Mr. Dummar filed a new su the Uned Stat District Court for the District of Utah 2006, allegg that Defendants William Rice Lummis and Frank William Gay prived him of his herance by nspirg to e the jury to reject the Holographic Will. His amend plat (the Complat) asserts four claims agast Defendants: (1) d, (2) vlatn of the feral Racketeer Influenced and Corpt Organizatn (RICO) statute, 18 U.S.C. §§ 1961-68, (3) vlatn of Nevada’s RICO statute, Nev. Rev. Stat. §§ 207.350-.510, and (4) unjt enrichment. He ntends that absent Defendants’ wrongdog, the jury would have found the will valid, and he would have hered $156 ln. For relief he requts $156 ln, wh tert datg back to 1978, treble damag, punive damag, sts, and attorney fe.<br><br>The district urt, lg that Mr. Dummar’s claims were barred by issue precln based on the 1978 judgment, dismissed the Complat. Exercisg jurisdictn unr 28 U.S.C. § 1291, we affirm the dismissal. As we will expla, the d and feral RICO claims are each time-barred, the Nevada RICO claim fails to state a claim, and the unjt-enrichment claim is barred by issue precln.<br><br>I. BACKGROUND<br><br>A. The Complat<br><br>The Complat alleg the followg facts:<br><br>Late the eveng, sometime durg the last week of December 1967, Mr. Dummar was drivg through ral Nevada. When he pulled off the road for a rt stop, he saw a bloodied and disheveled man lyg the road. Mr. Dummar woke the seminsc man and offered to take him to a hospal. The man stead requted to be driven to the Sands Hotel Las Vegas, Nevada. Mr. Dummar plied, and durg the ri to Las Vegas the man intified himself as Howard Hugh. After leavg the man at the Sands Hotel, Mr. Dummar had no ntact wh him.<br><br>Hugh died 1976. Shortly after Hugh’s ath, a stranger2 livered an envelope to Mr. Dummar at the gas statn Utah where he worked. The envelope was addrsed to the Print of the Church of J Christ of Latter Day Sats (the LDS Church). Steamg open the envelope, Mr. Dummar found si a three-page, handwrten document purportg to be Hugh’s last will and ttament. The document listed him as a 1/16 beneficiary of Hugh’s tate. Mr. Dummar livered the envelope to the LDS Church, leavg on a secretary’s sk.<br><br>In April 1976 the LDS Church livered the Holographic Will to the Clark County District Court Las Vegas, Nevada * frank w gay ii *
In this probate se, appellants Frank William Gay,. II and Robert Gay[1].