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DEMKO v. U.S.

No. 99-5121.

216 F.3d 1049 (2000)

Thomas A. DEMKO and Penn Arms, Inc., Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied August 15, 2000.

Attorney(s) appearing for the Case

Richard E. Gardiner, Fairfax, Virginia, argued for plaintiffs-appellants.

A. Wray Muoio, Attorney, Tax Division, Appellate Section, Department of Justice, Washington, DC, argued for defendant-appellee. With her on the brief were Loretta C. Argrett, Assistant Attorney General; and Ann B. Durney, Attorney. Of counsel was Rachel I. Wollitzer, Attorney.

Before NEWMAN, Circuit Judge, SMITH, Senior Circuit Judge, and SCHALL, Circuit Judge.

Rehearing and Rehearing En Banc Denied August 15, 2000.

SMITH, Senior Circuit Judge.

Thomas A. Demko and Penn Arms, Inc., appeal from the decision of the Court of Federal Claims denying their motion for summary judgment and granting the United States' cross-motion for summary judgment. Specifically, the court held that the Bureau of Alcohol, Tobacco and Firearms ("ATF") had the authority to classify the Striker-12 shotgun as a "destructive device" as defined...

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