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GUN SOUTH, INC. v. BRADY

Civ. A. No. 89-AR-0551-S.

711 F.Supp. 1054 (1989)

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

United States District Court, N.D. Alabama, S.D.

April 26, 1989.

Attorney(s) appearing for the Case

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

Frank W. Donaldson, U.S. Atty., George Batcheler, Asst. U.S. Atty., Nicholas Brady, Sec. of the Treasury, Dept. of the Treasury, William Von Raab, Com'r., U.S. Customs Services, Office of Legal Counsel, Teresa Troy, Stephen E. Higgins, Bureau of Alcohol, Tobacco & Firearms, Office of Legal Counsel, John R. Bolton, Sandra M. Schraibman, Alan L. Ferber and Shawn Jensen, Dept. of Justice, Civ. Div., Washington, D.C., for defendants.

MEMORANDUM OPINION

ACKER, District Judge.

Gun South, Inc., seeks declaratory and injunctive relief against, or a writ of mandamus directed to, Nicholas Brady, Secretary of Treasury, Stephen E. Higgins, Director of the Bureau of Alcohol, Tobacco and Firearms, and William Von Rabb, Commissioner of the United States Customs Service. Pursuant to Rule 65(a)(2), F.R. Civ.P., the court, without objection by any party, telescoped the original prayer for a preliminary...

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