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Rocketeers WIN! T-Shirt

page 4 of Judge Waltons ruling against the BATFE on march 16, 2009

Rocketeers WIN!

This is a copy of page 4 of Judge Walton's ruling on March 16, 2009, Against the BATFE and in favor of NAR & Tripoli, granting that the ATF improperly ruled APCP as an explosive.

Because the plaintiffs have conceded that were the Court to grant summary judgment in their favor on Count One of their third amended complaint "will moot all of remaining counts" of their complaint, Plaintiffs' Memorandum of Points and Authorities in Support of Motion for Summary Judgment on Count 1 at 1-2 n.1, the Court having now granted summary judgment on Count One will dismiss all the plaintiffs' remaining counts of the complaint as moot.

Accordingly, it is hereby
ORDERED that the plaintiffs' motion for summary judgment is GRANTED.

It is further
ORDERED that the defendant's motion for summary judgment is DENIED.

It is further
ORDERED that the defendant's decision to classify APCP as an explosive under 18 U.S.C. § 841(d) is VACATED.

It is further
ORDERED that the remaining counts of plaintiffs' third amended complaint are DISMISSED as moot and therefore this case is dismissed in its entirety.

SO ORDERED this 16th day of March, 2009.

_________/s/______________
REGGIE B. WALTON
United States District Judge

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