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POLICE AUTOMATIC WEAPONS SERVICES, INC. v. BENSON

Civ. No. 93-577-MA.

837 F.Supp. 1070 (1993)

POLICE AUTOMATIC WEAPONS SERVICES, INC., an Oregon corporation, Plaintiff, v. The Honorable Lloyd BENSON [sic], Secretary of the Treasury, et al., Defendants.

United States District Court, D. Oregon.

November 5, 1993.

Attorney(s) appearing for the Case

Kenneth L. Schmit, Thetford & Schmit, Lake Oswego, OR, for plaintiff.

Kenneth C. Bauman, Asst. U.S. Atty., Portland, OR, for defendants.

OPINION

MARSH, District Judge.

Plaintiff filed this action against the Secretary of the Treasury and the Director of the Bureau of Alcohol, Tobacco and Firearms (ATF) seeking declaratory relief regarding machine gun parts manufactured prior to the effective date of the 1986 amendments to the Gun Control Act (GCA), 18 U.S.C. § 922. Plaintiff asserts two alternative claims under the Administrative Procedure Act (APA), contending that the ATF acted arbitrarily...

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