UNITED STATES v. LIVENGOOD

Nos. 23319, 23320.

427 F.2d 420 (1970)

UNITED STATES of America, Appellee, v. Robert W. LIVENGOOD, Appellant. UNITED STATES of America, Appellee, v. Donald D. ETHERTON, Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearings Denied August 4, 1970.


Attorney(s) appearing for the Case

R. Max Etter and Horton Herman, Spokane, Wash., for appellants.

Smithmoore P. Myers, Asst. U. S. Atty., Dean C. Smith, U. S. Atty., Spokane, Wash., for appellee.

Before BARNES and KOELSCH, Circuit Judges, and WILLIAMS, District Judge.


KOELSCH, Circuit Judge.

Producers Livestock and Loan Company, Inc. was ordered into receivership on January 7, 1966, shortly after defaulting in the redemption of the first series of its "8% Callable Debentures." It had been incorporated approximately five years before and, during its relatively short business life, had raised $735,000 by public sale of these "Debentures" — essentially unsecured promissory notes.

The prosecution which gives rise to...

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