Re: Can you make head or tails out of this?
- From: Larry <x@xxxxx>
- Date: Fri, 11 Aug 2006 00:42:43 GMT
In article <1155230692.459553.202770@xxxxxxxxxxxxxxxxxxxxxxxxxxx>,
"BoyntonStu" <stu@xxxxxxxxxx> wrote:
I found this on the net and I cannot 'get it'.
The Third Circuit at noon today (Tues 8/8 ) issued its 16-page
precedential opinion dismissing the government's appeal and denying the
writ of mandamus. Assuming the Solicitor General does not try to make a
test case out of this at the rehearing or certiorari level, we
presumably now go to trial with attempted evasion of payment (the
government's best theory) out of the case. Here's the on-line link to
the decision:
http://www.ca3.uscourts.gov/opin...rch/ 061425p.pdf
Well, the link is invalid, but what it seems to be saying is that there
was an issue in the trial court in which the government appealed and
sought a writ of mandamus (generally, an order requiring a public
servant to do a specific act).
Since the appeal has been decided, and denied, the case will be returned
to the trial court for a trial, unless the government wants to further
appeal.
The charge, which, if I know you well enough, is really what you're
getting at here, seems to be attempted evasion of payment. Without
knowing the contents of the link I don't know the details, but it
appears that "evasion of payment" is a crime, and that the defendant is
being accused of attempting or trying to evade payment on something he
was legally required to pay for.
Anything further?
.
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