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UNITED STATES v. ONE ASSORTMENT OF 89 FIREARMS

No. 81-1055.

685 F.2d 913 (1982)

UNITED STATES of America, Appellee, v. ONE ASSORTMENT OF 89 FIREARMS, Appellant, National Rifle Association of America, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided August 23, 1982.

Attorney(s) appearing for the Case

Herbert W. Louthian, Columbia, S.C., for appellant.

Richard E. Gardiner, Springfield, Va., for amicus curiae.

Mary E. G. Slocum, Asst. U. S. Atty., Columbia, S.C. (Henry Dargan McMaster, U. S. Atty., Columbia, S.C., on brief), for appellee.

Before WINTER, Chief Judge, and BUTZNER, RUSSELL, HALL, PHILLIPS, MURNAGHAN, SPROUSE, ERVIN and CHAPMAN, Circuit Judges, sitting en banc.

CHAPMAN, Circuit Judge.

This is an appeal from a judgment ordering forfeiture under 18 U.S.C. § 924(d) of 80 firearms seized from the home of Patrick Mulcahey, who was alleged to have been a dealer in firearms without a license. 511 F.Supp. 133. Mulcahey had previously been indicted for unlawfully and knowingly engaging in the business of dealing in firearms without a license in violation of 18 U.S.C. § 922(a)(1). Finding...

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