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DEARTH v. MUKASEY

No. 07-3594.

516 F.3d 413 (2008)

Stephen DEARTH and Second Amendment Foundation, Inc., Plaintiffs-Appellants, v. Michael B. MUKASEY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 13, 2008.

Attorney(s) appearing for the Case

ARGUED: Alan Gura, Gura & Possessky, Alexandria, Virginia, for Appellants. Isaac Lidsky, United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Alan Gura, Gura & Possessky, Alexandria, Virginia, for Appellants. Isaac Lidsky, United States Department of Justice, Washington, D.C., for Appellee.

Before: SUHRHEINRICH and ROGERS, Circuit Judges; BELL, Chief District Judge.

OPINION

ROGERS, Circuit Judge.

Plaintiffs Stephen Dearth and the Second Amendment Foundation appeal the venue-based dismissal-without-prejudice of their action. The plaintiffs had brought suit in federal court in Ohio to enjoin the enforcement of the provisions of 18 U.S.C. § 922 that prohibit non-residents of the United States from receiving or selling firearms for non-sporting purposes. Because the...

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