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CASTLEBERRY v. ALCOHOL, TOBACCO & FIREARMS DIV.

No. 75-2371.

530 F.2d 672 (1976)

Evelyn CASTLEBERRY and Virginia R. Castleberry, Plaintiffs-Appellees, v. ALCOHOL, TOBACCO AND FIREARMS DIVISION OF the TREASURY DEPARTMENT OF the UNITED STATES, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 23, 1976.

Attorney(s) appearing for the Case

Edward B. McDonough, Jr., U.S. Atty., James R. Gough, Asst. U.S. Atty., Houston, Tex., for defendants-appellants.

Dick DeGuerin, Houston, Tex., for plaintiffs-appellees.

Before THORNBERRY, SIMPSON and MORGAN, Circuit Judges.

SIMPSON, Circuit Judge:

On April 24, 1975, Texas law enforcement officers in the course of their duties and pursuant to a search warrant discovered a "sawed off" shotgun in a 1975 Cadillac Fleetwood Sedan owned by Evelyn and Virginia Castleberry.1 The state officers promptly notified the Alcohol, Tobacco, and Firearms Division of the Treasury Department. As the shotgun is alleged to be a destructive device2

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