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GUN SOUTH, INC. v. BRADY

No. 89-7339.

877 F.2d 858 (1989)

GUN SOUTH, INC., Plaintiff-Appellee, v. Nicholas BRADY, Secretary of the Treasury; Stephen E. Higgins, Director of the Bureau of Alcohol, Tobacco and Firearms; William Von Rabb, Commissioner of the United States Customs Service, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

June 30, 1989.

Attorney(s) appearing for the Case

Mark B. Stern, Office of Atty. Gen., Civil Div., Washington, D.C., for defendants-appellants.

James C. Barton, Johnston, Barton, Proctor, Swedlaw & Naff, Robert S. Vance, Jr., Ralph H. Smith, Birmingham, Ala., for plaintiff-appellee.

Before FAY and HATCHETT, Circuit Judges, and HOFFMAN, Senior District Judge.

HATCHETT, Circuit Judge:

The Secretary of the Treasury, the Director of the Bureau of Alcohol, Tobacco and Firearms, and the Commissioner of the United States Customs Service (collectively "the Government") appeal the district court's grant of an injunction to Gun South, Inc. ("GSI"). The district court ordered the Government to deliver to GSI rifles which had been approved for importation, but held by Customs upon arrival at the Birmingham, Alabama Airport.

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