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WARIN v. DIRECTOR, DEPT. OF TREASURY

No. 81-3019.

672 F.2d 590 (1982)

Francis WARIN, Plaintiff-Appellant, v. DIRECTOR, DEPARTMENT OF THE TREASURY; Bureau of Alcohol, Tobacco and Firearms, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided March 19, 1982.

Attorney(s) appearing for the Case

Norman G. Zemmelman, Britz & Zemmelman, Toledo, Ohio, for plaintiff-appellant.

Louise L. Hill, Asst. U. S. Atty., Toledo, Ohio, for defendants-appellees.

Before MERRITT and JONES, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

PER CURIAM.

This case requires us to determine whether the recent amendment to the Administrative Procedure Act, 5 U.S.C. § 7021 which abrogates sovereign immunity in certain actions for non-monetary relief, constitutes a waiver of the sovereign immunity defense for the purposes of the general federal question jurisdictional statute, 28 U.S.C. § 1331(a),2 in actions involving federal agencies or their...

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