APPALACHIAN RESOURCES DEVELOPMENT CORP. v. McCABE

No. 03-5537.

387 F.3d 461 (2004)

APPALACHIAN RESOURCES DEVELOPMENT CORPORATION, d/b/a BEND OF THE RIVER, Petitioner-Appellant, v. Harry L. McCABE, III, in his official capacity as Director, Industry Operations, Nashville Division, Bureau of Alcohol, Tobacco & Firearms, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 20, 2004.


Attorney(s) appearing for the Case

ARGUED: Dale A. Tipps, Levine, Mattson, Orr & Geracioti, Nashville, TN, for Appellant. Terry J. Haycox, Assistant United States Attorney, Nashville, TN, for Appellees. ON BRIEF: Dale A. Tipps, Richard W. Mattson, Levine, Mattson, Orr & Geracioti, Nashville, TN, for Appellant. Terry J. Haycox, Assistant United States Attorney, Nashville, TN, for Appellees.

Before: CLAY and GILMAN, Circuit Judges; MATIA, Chief District Judge.


MATIA, D. J., delivered the opinion of the court, in which GILMAN, J., joined. CLAY, J. (pp. 467-68), delivered a separate concurring opinion.

OPINION

MATIA, Chief Judge.

Appalachian Resources Development Corporation appeals the district court's grant of summary judgment in favor of the Bureau of Alcohol, Tobacco and Firearms ("ATF"), affirming the revocation of its licenses to sell firearms and ammunition for willfully violating the Gun Control...

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