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STEIN'S, INC. v. BLUMENTHAL

No. 79-1766.

649 F.2d 463 (1980)

STEIN'S INC., d/b/a Harry Stein's Loan, Plaintiff-Appellant, v. W. Michael BLUMENTHAL, Secretary of the Treasury et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 10, 1980.

Attorney(s) appearing for the Case

Michael J. Colgan, Milwaukee, Wis., for plaintiff-appellant.

Joseph P. Stadtmueller, Asst. U. S. Atty., Milwaukee, Wis., for defendants-appellees.

Before FAIRCHILD, Chief Judge, SWYGERT and SPRECHER, Circuit Judges.

FAIRCHILD, Chief Judge.

This is an action brought under 18 U.S.C. § 923(f)(3) to review the decision of the Secretary of the Treasury denying an application for a license to deal in firearms. The plaintiff, Stein's Inc., d/b/a Harry Stein's Loan, appeals from the district court's judgment upholding the Secretary's decision. The plaintiff argues that the district court had an obligation pursuant to 18 U.S.C. § 923(f)(3) to try the case de novo and...

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