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MARKHAM v. U.S. DEPT. OF TREAS., BUR. OF ALC., ETC.

Civ. A. No. 82-73219.

594 F.Supp. 9 (1983)

Richard Lee MARKHAM, Plaintiff, v. UNITED STATES DEPARTMENT OF the TREASURY, BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, Defendant.

United States District Court, E.D. Michigan, S.D.

June 9, 1983.

Attorney(s) appearing for the Case

Francis J. Hearsch, Jr., Robert J. Seibert, Mount Clemens, Mich., for plaintiff.

Ellen E. Christensen, Asst. U.S. Atty., Detroit, Mich., for defendant.

OPINION

RALPH B. GUY, Jr., District Judge.

This matter is before the court on cross-motions for summary judgment. As framed by the parties, the sole issue before the court is whether a convicted felon who has been pardoned by the chief executive of a state and has been expressly authorized by the chief executive to receive, possess, or transport in commerce a firearm, is subject to prosecution under a federal statute that provides: "It shall be unlawful...

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