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SPACE AGE PRODUCTS, INC. v. GILLIAM

Civ. A. No. 79-225.

488 F.Supp. 775 (1980)

SPACE AGE PRODUCTS, INC., a Corporation of the State of Ohio, Plaintiff, v. James H. GILLIAM, Jr., Individually and in his official capacity as Secretary of the Department of Community Affairs and Economic Development of the State of Delaware; Frances M. West, Individually and in her official capacity as Director, Division of Consumer Affairs, Department of Community Affairs and Economic Development, State of Delaware, Defendants.

United States District Court, D. Delaware.

April 17, 1980.

Attorney(s) appearing for the Case

Joseph M. Bernstein, Brown, Shiels & Barros, Wilmington, Del., for plaintiff.

Wheeler K. Neff, and Christopher J. Curtin, Deputy Attys. Gen., Dept. of Justice, Wilmington, Del., for defendants.

OPINION

STAPLETON, District Judge:

Plaintiff, an Ohio corporation, brings this action under 42 U.S.C. § 1983 (1974) against two State officials charged with enforcement of Delaware's consumer protection laws. Plaintiff markets household products through a distribution scheme which requires the recruitment of Area Representatives who, after an initial investment of $19.50, are entitled to purchase plaintiff's products at a discount for resale to others...

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