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CUCCHIARA v. SECRETARY OF TREASURY

No. 79-4786.

652 F.2d 28 (1981)

Antonio CUCCHIARA, doing business as The Traders, Plaintiff-Appellant, v. SECRETARY OF the TREASURY, Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms, Department of the Treasury, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 30, 1981.

Rehearing and Rehearing Denied September 25, 1981.

Attorney(s) appearing for the Case

Philip Cohen, Camarillo, Cal., for plaintiff-appellant.

John M. Kern, Asst. U. S. Atty., San Francisco, Cal., for defendants-appellees.

Before MERRILL, HUG and SKOPIL, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 25, 1981.

HUG, Circuit Judge:

The district court, pursuant to 18 U.S.C. § 923(f)(3), granted the Bureau of Alcohol, Tobacco and Firearms's motion for summary judgment, affirming the Bureau's refusal to renew Cucchiara's license to sell firearms, under 18 U.S.C. § 923(d)(1)(C), for willful failure to comply with Bureau regulations. Because there exist no unresolved issues of material fact, we affirm...

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