TELINK, INC. v. U.S.

No. 93-50034

24 F.3d 42 (1994)

TELINK, INC.; Burnup & Sims, Inc., Petitioners-Appellants, v. UNITED STATES of America, Respondent-Appellee, County of Fresno, County of San Diego, Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 13, 1994.


Attorney(s) appearing for the Case

James G. Thomas and James F. Neal, Neal & Harwell, Nashville, TN; Donald McGrath, II and Peter J. Hughes, San Diego, CA, for petitioners-appellants.

David P. Curnow, Asst. U.S. Atty., San Diego, CA, for respondent-appellee.

Ian Fan, Deputy County Counsel, San Diego, CA, for intervenors-appellees.

Before: TANG, CANBY, and BEEZER, Circuit Judges.


Opinion by Judge BEEZER.

BEEZER, Circuit Judge:

Two corporate defendants petitioned the district court for a writ of error coram nobis, alleging that the indictment to which they pled nolo contendere failed to state a criminal offense. The corporations sought dismissal of the indictment and return of restitution and monetary fines. The district court denied the petition on a theory of laches and, alternatively, on the conclusion that certain counts in the...

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