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United States Sixth Circuit


Dearth v. Mukasey, 07-3594

In a suit brought to enjoin the enforcement of the provisions of 18 U.S.C. section 922 that prohibit non-residents of the United States from receiving or selling firearms for non-sporting purposes, plaintiffs' appeal from a venue-based dismissal-without-prejudice of their action is dismissed where, because plaintiffs requested the dismissal without prejudice as an alternative to transfer, the order below was an unappealable voluntary dismissal.

Appellate Information

  • Decided 02/13/2008
  • Published 02/13/2008

Judges

  • Before:  SUHRHEINRICH and ROGERS, Circuit Judges;  BELL, Chief District Judge.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • ARGUED:  Alan Gura, Gura & Possessky, Alexandria, Virginia, for Appellants.  Isaac Lidsky, United States Department of Justice, Washington, D.C., for Appellee.   ON BRIEF:  Alan Gura, Gura & Possessky, Alexandria, Virginia, for Appellants.  Isaac Lidsky, United States Department of Justice, Washington, D.C., for Appellee.
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