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U.S. v. ONE HARRINGTON AND RICHARDSON RIFLE

No. 03-2106.

378 F.3d 533 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. ONE HARRINGTON AND RICHARDSON RIFLE, MODEL M-14, 7.62 CALIBER SERIAL NUMBER 85279, Defendant, Michael F. Berney, Claimant-Appellant.

United States Court of Appeals, Sixth Circuit.

June 9, 2004.

Attorney(s) appearing for the Case

Brian K. Delaney (briefed), U.S. Attorney's Office for the Western District of Michigan, Grand Rapids, MI, for Plaintiff-Appellee.

Richard E. Gardiner (briefed), Fairfax, VA, for Appellant.

Michael F. Berney, Dimondale, MI, pro se.

Before: SILER and GIBBONS, Circuit Judges; REEVES, District Judge.

ORDER

Michael F. Berney, a Michigan resident, appeals the district court order granting summary judgment to the United States in this forfeiture action filed pursuant to 26 U.S.C. § 5872(a). The parties are represented by counsel and have waived oral argument, and the panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a).

In January 2002, the Bureau of Alcohol, Tobacco, and Firearms (ATF) seized an

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