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GALLAHER v. CITY OF HUNTINGTON

No. 84-1312.

759 F.2d 1155 (1985)

Ronald W. GALLAHER, d/b/a The Pawn and Coin Shop, Appellee, v. The CITY OF HUNTINGTON, Ottie Adkins, in his official capacity as Chief of Police for the City of Huntington, Robert Bailey, in his official capacity as Sheriff of Cabell County, West Virginia and John L. Cummings, in his official capacity as Prosecuting Attorney for Cabell County, West Virginia, and Chauncey Browning and Col. John W. O'Rourke and John D. Rockefeller IV, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided April 11, 1985.

Attorney(s) appearing for the Case

Janet Frye Steele, Asst. Atty. Gen., Charleston, W.Va., for appellants.

Gene W. Gardner, Huntington, W.Va. (Barrett, Chafin, Lowry & Hampton, Huntington, W.Va., on brief), for appellee.

Before PHILLIPS and MURNAGHAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

MURNAGHAN, Circuit Judge.

The temptation to steal still rears its ugly head. State governments understandably from time to time have to seek to introduce enhanced methods for detecting and preventing theft. The West Virginia legislature, in enacting in 1981 § 61-3-51 of its Code has followed one recently developed course.1 The statute is designed to impede the flow in commerce of stolen goods and thereby to diminish the likelihood...

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