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OWEN v. MAGAW

No. 96-3275.

122 F.3d 1350 (1997)

David C. OWEN, Plaintiff-Appellant, v. John W. MAGAW, Director, United States of America Department of Alcohol, Tobacco and Firearms, and Bureau of Alcohol, Tobacco and Firearms, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 8, 1997.

Attorney(s) appearing for the Case

Jonathan L. Laurans, Shawnee Mission, KS, for Plaintiff-Appellant.

Thomas M. Bondy, Appellate Staff, Civil Division, Department of Justice, Washington, DC (Mark B. Stern, Appellate Staff, Civil Division, Department of Justice, Imelda M. Koett, Associate Chief Counsel, David C. Lieberman, Office of Chief Counsel, Bureau of Alcohol, Tobacco and Firearms, Washington, DC, with him on the brief), for Defendants-Appellees.

Before KELLY, HOLLOWAY and HENRY, Circuit Judges.

HOLLOWAY, Circuit Judge.

This appeal presents the question of the district court's subject-matter jurisdiction over this controversy involving the Department of Alcohol, Tobacco and Firearms' refusal to process a convicted felon's application for restoration of firearms privileges where that refusal is the result of Congress' denial of funds for the necessary background investigations and action on such applications. For the reasons that follow, we affirm the district...

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