HETHERTON v. SEARS, ROEBUCK & CO.

No. 80-2126.

652 F.2d 1152 (1981)

James HETHERTON and Carol Hetherton, his wife, Appellants, v. SEARS, ROEBUCK & COMPANY, a New York corporation, Appellee.

United States Court of Appeals, Third Circuit.

Decided June 25, 1981.


Attorney(s) appearing for the Case

Carl A. Agostini, Wilmington, Del., for appellants.

Arnold J. Bennett (argued), Robert F. Maxwell, St. Davids, Pa., Howard Berg, Berg, Heckler & Cattie, P. A., Wilmington, Del., for appellee.

Before WEIS and HIGGINBOTHAM, Circuit Judges, and McCUNE, District Judge.


OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

This case comes before us for the second time and raises questions of standing and the constitutionality of a Delaware statute requiring each purchaser of a "deadly weapon" to be identified by two freeholders.1 Del.Code Ann. tit. 24, § 904 (Michie 1975). In Hetherton v. Sears, Roebuck & Co., 593 F.2d 526 (3d Cir. 1979...

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