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STATE v. WINDY CITY FIREWORKS, INC.

No. 25S03-9302-CR-200.

608 N.E.2d 699 (1993)

STATE of Indiana, Appellant (Plaintiff below), v. WINDY CITY FIREWORKS, INC., Appellee (Defendant below).

Supreme Court of Indiana.

February 3, 1993.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen. of Indiana and Richard A. Brown, Fulton County Prosecutor, Rochester, for appellant.

Alan D. Burke and Rosemary Higgins Burke, Rochester, for appellee.

John H. Brooke, amicus curiae, Indiana Fireworks Dealers Ass'n, Muncie.

John R. Schaibley, III and Paul B. Overhauser, amicus curiae, Celebration Fireworks, Inc., Indianapolis.

PER CURIAM.

Seven years ago, in a unanimous decision, this Court held that retail fireworks dealers could not avoid prosecution for selling illegal fireworks, simply by asking purchasers to sign a statement to the effect that they were nonresidents who were going to immediately ship the illegal fireworks out of state. Hill v. State (1986), Ind., 488 N.E.2d 709.

The General Assembly has since enacted modest amendments...

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