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BERNSTEIN v. U.S. DEPT. OF STATE

No. C-95-0582 MHP.

974 F.Supp. 1288 (1997)

Daniel J. BERNSTEIN, Plaintiff, v. UNITED STATES DEPARTMENT OF STATE, et al., Defendants.

United States District Court, N.D. California.

August 25, 1997.

Attorney(s) appearing for the Case

Cindy A. Cohn, McGlashan & Sarrail, San Mateo, CA, Lee Tien, Berkeley, CA, M. Edward Ross, Steefel, Levitt & Weiss, San Francisco, CA, James R. Wheaton, Environmental Law Foundation, Oakland, CA, for Plaintiff.

Frank W. Hunger, Asst. Atty. Gen., U.S. Dept. of Justice Torts, Civil Div., San Francisco, CA, Michael J. Yamaguchi, U.S. Atty., Mary Beth Uitti, U.S. Attorney's Office, San Francisco, CA, Vincent M. Garvey, U.S.D.J.-Civil Div., Washington, DC, Anthony J. Coppolino, U.S. Dept. of Justice, Civil Division-Federal Programs Branch, Washington, DC, for Defendants.

OPINION

PATEL, District Judge.

Plaintiff Daniel Bernstein originally brought this action against the Department of State and the individually named defendants seeking declaratory and injunctive relief from their enforcement of the Arms Export Control Act ("AECA"), 22 U.S.C. § 2778 (1990), and the International Traffic in Arms Regulations ("ITAR"), 22 C.F.R. Pts. 120-30 (1994), on the grounds that they are unconstitutional on their face and as...

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