United States v. Bbf Liquidating, Inc.
UNITED STATES of America, Appellant, v. BBF LIQUIDATING, INC., Appellee
- Area
- civil
- Panel
- Richard H. Chambers (author), Per Curiam, Muecke, Herbert Y. Choy
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
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.
Cites, in this corpus
- United States v. San Diego Grocers Association, Inc. Crim. 28475 · 1959-10-08
Cited by
- Penasquitos, Inc. v. Superior Court S013292 · 1991-07-11