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FRANCO v. BUNYARD

No. 76-176.

547 S.W.2d 91 (1977)

Jo Anne FRANCO, Administratrix, et al., Appellants, v. Marion A. BUNYARD et al., Appellee.

Supreme Court of Arkansas, In Banc.

Rehearing Denied March 28, 1977.

Attorney(s) appearing for the Case

McMath, Leatherman & Woods, Little Rock, John Lisle, Springdale, for appellants.

Putman, Davis & Bassett, Fayetteville, Kelley & Luffman, Rogers, for Marion A. Bunyard, Individually and Bunyard Supply Co., Inc. d/b/a Western Auto Supply, an Arkansas Corp.

Wayne Harris, Warner & Smith, Fort Smith, for Western Auto Supply Co.

GEORGE ROSE SMITH, Justice.

Early in June, 1971, Daniel Lon Graham, serving a life sentence for kidnaping, escaped from the state penitentiary. Late in the afternoon of June 17 he bought a secondhand pistol at Bunyard Supply Company, Inc., in the city of Rogers. The seller assertedly violated a federal statute and federal regulations in making the sale. On the next day Graham robbed a grocery store in Springdale, taking three young employees as hostages. In a nearby...

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