Legal Opinion

United States v. Boulware

Court of Appeals for the Ninth Circuit

Decided March 9, 2009No. 05-10752PublishedCited by 25 opinions

1Opinion of the Court

THOMAS, Circuit Judge:

This case returns to us from the Supreme Court with directions to conduct a thorough examination of the record to determine whether or not the defendant’s offer of proof was sufficient to justify the presentation of a “return of capital” theory to the jury. We conclude it was not and affirm the judgment of the district court.

I

The facts of this case have been described fully in prior appellate decisions, 1 so we need not explain the background in detail. In brief, Michael H. Boulware was the president and fifty-percent owner of Hawaiian Isles Enterprises (“the…

2Cases cited23 opinions

  1. Sandstrom v. MontanaSupreme Court of the United States · 1979
  2. Holland v. United StatesSupreme Court of the United States · 1955
  3. California v. TrombettaSupreme Court of the United States · 1984
  4. Joan Hangarter v. Provident Life and Accident Insurance Company, and the Paul Revere Life Insurance Company Unumprovident Corp.Court of Appeals for the Ninth Circuit · 2004
  5. Nationwide Transport Finance v. Cass Information Systems, Inc.Court of Appeals for the Ninth Circuit · 2008

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3Cited by25 opinions

  1. Gonzalez Ex Rel. A.F. v. United StatesCourt of Appeals for the Ninth Circuit · 2016
  2. Michael Boulware v. Commissioner of IRSCourt of Appeals for the D.C. Circuit · 2016
  3. Teamsters Local Union No. 117 v. Washington Department of CorrectionsCourt of Appeals for the Ninth Circuit · 2015
  4. Butler v. One West Bank, FSB (In re Butler)United States Bankruptcy Court, W.D. Washington · 2014
  5. Young v. GipsonDistrict Court, N.D. California · 2015

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