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UNITED STATES v. ONE HECKLER-KOCH RIFLE

No. 79-2459.

629 F.2d 1250 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. ONE HECKLER-KOCH RIFLE, etc., Defendant. Appeal of Don McBAIN.

United States Court of Appeals, Seventh Circuit.

Decided August 28, 1980.

Attorney(s) appearing for the Case

Jerome M. Sax, Chicago, Ill., for defendant.

Thomas P. Sullivan, U. S. Atty., Mary Thomas, Asst. U. S. Atty., Chicago, Ill., for plaintiff-appellee.

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

FAIRCHILD, Chief Judge.

This is a forfeiture action by the United States against one Heckler-Koch rifle and various firearm accessories. Defending the action is Don McBain (the respondent). The district court granted the government's motion for summary judgment from which the respondent appeals. We reverse.

I.

Summary judgment is appropriate only if "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the...

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