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MCCUTCHEN v. UNITED STATES

2020-1188.

14 F.4th 1355 (2021)

Roy Lynn MCCUTCHEN, Paducah Shooter's Supply, Inc., individually and on Behalf of All Others Similarly Situated, Plaintiffs-Appellants v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: October 1, 2021.

Attorney(s) appearing for the Case

Jennifer Gelman , Flint Law Firm LLC, Edwardsville, IL, argued for plaintiffs-appellants. Also represented by Adam Michael Riley .

Kenneth Dintzer , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellee. Also represented by Jeffrey B. Clark , Robert Edward Kirschman, Jr. , Loren Misha Preheim , Nathanael Yale .

Opinion concurring in the result filed by Circuit Judge Wallach.

On December 26, 2018, the U.S. Department of Justice, exercising congressionally granted authority to implement various federal firearms statutes, promulgated a rule that is the basis for the takings claim in this case. Bump-Stock-Type Devices, 83 Fed. Reg. 66,514 (Dec. 26, 2018) (Final Rule). The impetus for the proceeding...

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