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WESTFALL v. MILLER

No. 95-40310.

77 F.3d 868 (1996)

Robert Lee WESTFALL, Plaintiff-Appellant, v. Wayne MILLER, Chief, National Firearms Act Branch, Department of the Treasury, and the United States of America, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 18, 1996.

Attorney(s) appearing for the Case

Douglas T. Floyd, Sandoval, Floyd & Amick, Plano, TX, for plaintiff-appellant.

David Charles Lieberman, Bureau of Alcohol, Tobacco & Firearms, Department of Treasury, Washington, DC, Dane H. Smith, and Mike Bradford, U.S. Attorney, Office of the United States Attorney, Tyler, TX, for Miller and U.S.

Before KING, STEWART and PARKER, Circuit Judges.

STEWART, Circuit Judge:

Robert Lee Westfall appeals the district court's judgment, which held that Westfall lacked standing to challenge the law enforcement certification requirement, that even if Westfall had standing mandamus was an improper remedy and the Administrative Procedure Act did not provide jurisdiction over the action, and further that Westfall failed to state a claim upon which relief could be granted because the law enforcement requirement does not...

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