United States v. BBF Liquidating, Inc.

Full title: UNITED STATES OF AMERICA, APPELLANT, v. BBF LIQUIDATING, INC., APPELLEE

Court: United States Court of Appeals, Ninth Circuit

Date published: Nov 29, 1971

450 F.2d 938 (9th Cir. 1971)

Opinion

No. 71-1360.

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,^_ District Judge.

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

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.

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.

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.