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DAVIS v. ERDMANN

No. 79-1382.

607 F.2d 917 (1979)

Kenneth W. DAVIS, Jr., Plaintiff-Appellant, v. Ernst ERDMANN, Port Director, (Port of Tulsa, Oklahoma) Bureau of Customs, Department of the Treasury, and Rex D. Davis, Director, Bureau of Alcohol, Tobacco and Firearms, Department of the Treasury, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided October 15, 1979.

Attorney(s) appearing for the Case

Robert S. Travis and Ralph H. Duggins, III, of Cantey, Hanger, Gooch, Munn & Collins, Fort Worth, Tex., for plaintiff-appellant.

Hubert H. Bryant, U. S. Atty., George Carrasquillo, Asst. U. S. Atty., Tulsa, Okl., and Ronald E. Williams, Washington, D. C., Bureau of Alcohol, Tobacco and Firearms, for defendants-appellees.

Before PICKETT, McWILLIAMS and BARRETT, Circuit Judges.

PICKETT, Circuit Judge.

This action was brought to review the refusal of the Director of the Bureau of Alcohol, Tobacco and Tax, an agency of the United States Treasury Department, to grant the application of Kenneth W. Davis, Jr., for a permit to import from England a device or weapon described as a "knife-pistol." The complaint alleges that the device is a curio or museum piece, primarily a collector's item, and not likely to be used as a weapon. It is also alleged...

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