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INTERPORT INC. v. MAGAW

No. 96-5150.

135 F.3d 826 (1998)

INTERPORT INCORPORATED, Appellant, v. John W. MAGAW, Director, Bureau of Alcohol, Tobacco, and Firearms, and George Weise, Commissioner, U.S. Customs Service, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided February 24, 1998.

Attorney(s) appearing for the Case

Richard E. Gardiner, Fairfax, VA, argued the cause and filed the briefs for appellant.

Rudolph Contreras, Assistant U.S. Attorney, Washington, DC, argued the cause for appellees, with whom Mary Lou Leary, U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney, were on the brief.

Before: WALD, GINSBURG, and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

Interport, Inc. challenges a rule of the Bureau of Alcohol, Tobacco, and Firearms prohibiting the importation of machine guns without a government purchase order. Interport also challenges as unlawful, and alternatively as a denial of due process, the seizure of its firearms by the Customs Service. The district court upheld the BATF rule as a valid interpretive rule but failed...

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