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APOSHIAN v. BARR

No. 19-4036.

958 F.3d 969 (2020)

W. Clark APOSHIAN, Plaintiff-Appellant, v. William BARR, Attorney General of the United States; United States Department of Justice; Thomas E. Brandon, Acting Director Bureau of Alcohol Tobacco Firearms and Explosives; Bureau of Alcohol Tobacco Firearms and Explosives, Defendants-Appellees. Cato Institute and Firearms Policy Coalition; Due Process Institute, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

FILED May 7, 2020.

Attorney(s) appearing for the Case

Caleb Kruckenberg , Litigation Counsel ( Steve Simpson and Harriet Hageman , Senior Litigation Counsel; and Mark Chenoweth , General Counsel, with him on the briefs), New Civil Liberties Alliance, Washington, DC, appearing for Appellant.

Brad Hinshelwood , Attorney, Civil Division, United States Department of Justice, Washington, DC ( Joseph H. Hunt , Assistant Attorney General, Civil Division, United States Department of Justice, Washington, DC; John W. Huber , United States Attorney, Office of the United States Attorney for the District of Utah, Salt Lake City, Utah; Mark B. Stern , Michael S. Raab , and Abby C. Wright , Attorneys, Civil Division, United States Department of Justice, Washington, DC, with him on the briefs), appearing for Appellees.

Ilya Shapiro , Washington, DC, for Amicus Curiae Cato Institute.

John D. Cline , San Francisco, California, for Amicus Curiae Due Process Institute.

Before BRISCOE, MORITZ, and CARSON, Circuit Judges.

Plaintiff-Appellant W. Clark Aposhian has filed an interlocutory appeal from the district court's denial of his motion for a preliminary injunction. The district court concluded that Mr. Aposhian had not shown a likelihood of success on the merits of his challenge to a rule promulgated by the Bureau of Alcohol, Tobacco, Firearms...

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