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UNITED STATES v. ONE ASSORTMENT OF 349 FIREARMS

No. 78-185-Civ-NCR.

461 F.Supp. 208 (1978)

UNITED STATES of America, Plaintiff, v. ONE ASSORTMENT OF 349 FIREARMS, Defendant.

United States District Court, S. D. Florida, Ft. Lauderdale Division.

November 15, 1978.

Attorney(s) appearing for the Case

J. V. Eskenazi, U. S. Atty., Miami, Fla., for plaintiff.

Thomas F. Almon, Miami, Fla., for defendant.

PARTIAL SUMMARY JUDGMENT

ROETTGER, District Judge.

THIS CAUSE is before the court on the motion of claimant David Russell for partial summary judgment.

Plaintiff's complaint alleges that certain firearms seized from claimant are subject to forfeiture pursuant to 18 U.S.C. § 924(d). It is claimant's contention that fifty-four of these firearms are antique firearms within the definition of 18 U.S.C. § 921(a)(16) and that as such pursuant...

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