Legal Opinion

United States v. One Heckler-Koch Rifle, Etc., Appeal of Don McBain

Court of Appeals for the Seventh Circuit

Decided August 28, 1980No. 79-2459PublishedCited by 37 opinions

1Opinion of the Court

FAIRCHILD, Chief Judge.

This is a forfeiture action by the United States against one Heckler-Koch rifle and various firearm accessories. Defending the action is Don McBain (the respondent). The district court granted the government’s motion for summary judgment from which the respondent appeals. We reverse.

I

Summary judgment is appropriate only if “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact.” Fed.R.Civ.P. 56(c). To the extent that the record is unclear or the…

2Cases cited12 opinions

  1. White Motor Co. v. United StatesSupreme Court of the United States · 1963
  2. United States v. One 1976 Mercedes Benz 280S, Serial No. 11602012072193Court of Appeals for the Seventh Circuit · 1980
  3. Philip C. Miller v. Gateway Transportation Company, Inc., a CorporationCourt of Appeals for the Seventh Circuit · 1980
  4. Downs v. COMMISSIONER OF INTERNAL REVENUE.Court of Appeals for the Ninth Circuit · 1948
  5. United States v. Harold Edward BurtonCourt of Appeals for the Eighth Circuit · 1973

7 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Albert Woods v. City of Chicago, Officer Makowski, Chicago Police Officer 16971, Officer Alanis, Chicago Police Officer 5001Court of Appeals for the Seventh Circuit · 2000
  2. American Title Insurance Company v. Lacelaw CorporationCourt of Appeals for the Ninth Circuit · 1988
  3. United States v. Dimitrise Uca, Appellant/no. 88-1607. United States of America v. Brahim Hodzic, Appellant/no. 88-1614Court of Appeals for the Third Circuit · 1989
  4. United States v. Michael Paul UdofotCourt of Appeals for the Eighth Circuit · 1983
  5. BARRETTBoard of Immigration Appeals · 1990

32 more not listed; retrieve them via the Exa API.

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