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HETHERTON v. SEARS, ROEBUCK AND CO.

Civ. A. No. 77-84.

445 F.Supp. 294 (1978)

James HETHERTON and Carol Hetherton, his wife, Plaintiffs, v. SEARS, ROEBUCK AND CO., Defendant.

United States District Court, D. Delaware.

January 27, 1978.

Attorney(s) appearing for the Case

Carl A. Agostini, of Roeberg & Agostini, Wilmington, Del., for plaintiffs.

Arnold J. Bennett, (argued) Robert F. Maxwell, St. Davids, Pa., Howard M. Berg, Wilmington, Del., for defendant.

OPINION

CALEB M. WRIGHT, Senior District Judge.

James Hetherton, a Wilmington Police Officer, was shot on April 9, 1976 while he was working at an extra job as a guard. Hetherton's assailant, one Lloyd C. Fullman, Jr., shot Hetherton with a .22 caliber rifle. Both the rifle and ammunition were purchased by Fullman at a Sears, Roebuck & Company ("Sears") department store in Wilmington, Delaware on February...

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