UNITED STATES v. WEINTRAUB

No. 77-3273.

613 F.2d 612 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Morris WEINTRAUB, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided December 19, 1979.


Attorney(s) appearing for the Case

William C. Oldfield, Cobb, Combs & Oldfield, Covington, Ky., for defendant-appellant.

Griffin Bell, Atty. Gen. of United States, Myron C. Baum, Gilbert Andrews, Tax Div., App. Section, Donald R. Anderson, Crombie J. D. Garrett, Michael J. Roach, Dept. of Justice, Washington, D. C., Gerald F. Kaminski, Asst. U. S. Atty., Cincinnati, Ohio, for plaintiff-appellee.

Before CELEBREZZE, KEITH and MERRITT, Circuit Judges.


CELEBREZZE, Circuit Judge.

This appeal concerns the rule nullum tempus occurrit regi— the sovereign is exempt from the consequences of laches and the operation of statutes of limitations. The rule is of ancient origin and, while its original rationale of royal prerogative no longer holds sway, the maxim remains vital based upon the public policy of preserving public rights and revenues from the neglect of public...

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