COX v. BUREAU OF ALCOHOL, TOBACCO & FIREARMS, ETC.

No. 76-2296.

571 F.2d 267 (1978)

Roger Allan COX, d/b/a Law Enforcement Ordinance Company and the West Virginia State Penitentiary, Plaintiffs-Appellants, v. BUREAU OF ALCOHOL, TOBACCO & FIREARMS, DEPARTMENT OF the TREASURY OF the UNITED STATES of America, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 11, 1978.


Attorney(s) appearing for the Case

James W. Smith, Athens, Ga., for plaintiffs-appellants.

John W. Stokes, U. S. Atty., Julian M. Longley, Jr., Robert J. Castellani, Asst. U. S. Attys., Atlanta, Ga., for defendants-appellees.

Before BROWN, Chief Judge, and THORNBERRY and MORGAN, Circuit Judges.


THORNBERRY, Circuit Judge:

Roger Allan Cox, a licensed dealer in automatic weapons, and the West Virginia Penitentiary bring this action against the Bureau of Alcohol, Tobacco and Firearms challenging an ATF ruling that prohibits the Penitentiary from exchanging six automatic weapons for modern, state of the art weapons.1 The district court held that the ruling was consistent with the National Firearms Act and dismissed the action. We...

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