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S.D. DEPT. OF PUBLIC SAFETY v. HADDENHAM

Nos. 13992, 13993.

339 N.W.2d 786 (1983)

SOUTH DAKOTA DEPARTMENT OF PUBLIC SAFETY, ex rel. James MELGAARD, Deputy Secretary, Plaintiff and Appellee, v. Donald N. HADDENHAM, d/b/a Wholesale Fireworks, Defendant and Appellant, and Starr Fireworks, Inc., Defendant and Appellant.

Supreme Court of South Dakota.

Decided November 2, 1983.

Attorney(s) appearing for the Case

Robert L. Timm, Chief Deputy Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

James H. Wilson of Wilson, Bottum, Olson, Goodsell & Nash, P.C., Rapid City, for defendant and appellant Donald N. Haddenham, d/b/a Wholesale Fireworks.

Harvey A. Oliver, Jr. of Bantz, Gosch, Cremer & Peterson, Aberdeen, for defendant and appellant Starr Fireworks, Inc.

WOLLMAN, Justice.

This is a consolidated appeal from an order permanently enjoining appellants from selling fireworks over-the-counter to nonresident purchasers during the period from July 6 to June 26 without verification that the purchaser is a licensed fireworks wholesaler, manufacturer, or fireworks permit holder. We affirm.

Appellant Haddenham, a nonresident of South Dakota, is the principal owner of fireworks outlets doing business as Wholesale Fireworks...

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