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UNITED STATES v. ONE ASSORTMENT OF 89 FIREARMS

No. 81-1055.

669 F.2d 206 (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 January 26, 1982.

Attorney(s) appearing for the Case

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

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

Mary 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, FIELD, Senior Circuit Judge and CHAPMAN, Circuit Judge.

CHAPMAN, Circuit Judge.

An action for forfeiture was brought by the United States of America against 89 (originally 92) firearms it seized under a search warrant of the premises of Patrick M. Mulcahey. Paragraph 6 of the complaint seeking forfeiture alleges:

That said firearms were had and possessed and used and intended to be used on January 20, 1977, and prior thereto by Patrick M. Mulcahey in Richland County, South Carolina, in violation of the laws of...

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