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BERNSTEIN v. U.S. DEPT. OF STATE

No. C-95-0582 MHP.

945 F.Supp. 1279 (1996)

Daniel J. BERNSTEIN, Plaintiff, v. UNITED STATES DEPARTMENT OF STATE et al., Defendants.

United States District Court, N.D. California.

December 9, 1996.

Attorney(s) appearing for the Case

Cindy A. Cohn, McGlashan & Sarrail, San Mateo, CA, Lee Tien, Berkeley, CA, James R. Wheaton, James Wheaton Law Offices, Oakland, CA, M. Edward Ross, Steefel Levitt & Weiss, San Francisco, CA, for Daniel J. Bernstein.

Frank W. Hunger, Asst. Atty. Gen., U.S. Dept. of Justice, Torts, Civil Division, San Francisco, CA, Michael J. Yamaguchi, U.S. Atty., Mary Beth Uitti, U.S. Attorney's Office, San Francisco, CA, Vincent M. Garvey, USDJ-Civil Division, Washington, DC, Anthony J. Coppolino, U.S. Department of Justice, Civil Division-Federal Programs Branch, Washington, DC, for United States Department of State, United States Arms Control & Disarmament Agency, United States Department of Defense, U.S. Dept. of Commerce, National Security Agency.

MEMORANDUM AND ORDER

PATEL, District Judge.

Plaintiff Daniel Bernstein brought this action against the Department of State and the individually named defendants seeking declaratory and injunctive relief from their enforcement of the Arms Export Control Act ("AECA"), 22 U.S.C. § 2778, and the International Traffic in Arms Regulations ("ITAR"), 22 C.F.R. §§ 120.1-130.7 (1994), on the grounds that they are unconstitutional on their face and as...

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