Opinion · Court of Appeals for the Ninth Circuit
United States v. Bbf Liquidating, Inc.
450 F.2d 938
- Type
- Opinion
- Court
- Court of Appeals for the Ninth Circuit
- Jurisdiction
- Federal
- Date
- 1971-11-29
- Topic
- general
PER CURIAM: The order dismissing the indictment against BBF Liquidating, Inc. is reversed. The district court is directed to reinstate the indictment. The question is whether a dissolved California corporation can be federally indicted after dissolution. Here the district court seems to have followed United States v. Safeway Stores, Inc., 10 Cir., 140 F.2d 834.
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- Cited by
- 4 opinions
UNITED STATES v. BBF LIQUIDATING, INC.,450 F.2d 938(9th Cir. 1971)
UNITED STATES OF AMERICA, APPELLANT, v. BBF LIQUIDATING, INC., APPELLEE.
No. 71-1360.
United States Court of Appeals, Ninth Circuit.
October 14, 1971.
Rehearing Denied November 29, 1971.
Laughlin E. Waters (argued), of Nossaman, Waters, Scott, Krueger Riordan, Los Angeles, Cal., for appellee.
Before CHAMBERS and CHOY, Circuit Judges, and MUECKE,fn*District Judge.
[2] The question is whether a dissolved California corporation can be federally indicted after dissolution. Here the district court seems to have followed United States v. Safeway Stores, Inc., 10 Cir.,140 F.2d 834.
[3] However, generally we elect to follow United States v. San Diego Grocers Association, Inc., S.D.Cal.,177 F. Supp. 352, which reaches an opposite result from Safeway, supra.
[4] We take San Diego Grocers Association to be a holding that a dissolved California corporation has the same vitality for all criminal prosecutions as it does for civil actions.Page 939
- The Honorable C. A. Muecke, United States District Judge for the District of Arizona, sitting by designation. ↩