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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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.
Harry First, New York City (argued), Gregory B. Hovendon, Dept. of Justice, Richard W. McLaren, Asst. Atty. Gen., Washington, D. C., Allen J. Taylor, Raymond P. Hernacki, Los Angeles, Cal., for appellant.

Laughlin E. Waters (argued), of Nossaman, Waters, Scott, Krueger Riordan, Los Angeles, Cal., for appellee.
Appeal from the United States District Court for the Central District of California.
Before CHAMBERS and CHOY, Circuit Judges, and MUECKE,fn*District Judge.
PER CURIAM:
[1] The order dismissing the indictment against BBF Liquidating, Inc. is reversed. The district court is directed to reinstate the indictment.

[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
  1. The Honorable C. A. Muecke, United States District Judge for the District of Arizona, sitting by designation. ↩