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SMITH v. ATLANTIC GUN & TACKLE, INC.

No. 02 CV 3029(JBW).

376 F.Supp.2d 291 (2005)

Joan Truman SMITH, Plaintiff, v. ATLANTIC GUN & TACKLE, INC., and Acusport Corporation, Defendants.

United States District Court, E.D. New York.

July 1, 2005.

Attorney(s) appearing for the Case

Law Office of Elisa Barnes, New York, NY, By: Elisa Barnes, for the Plaintiff Joan Truman Smith.

Renzulli, Pisciotti & Renzulli, LLP, New York, NY, By: John F. Renzulli, for the Defendant Atlantic Gun & Tackle, Inc.

Lester Schwab Katz & Dwyer, LLP, New York, NY, By: Paul L. Kassirer, Allison A. Snyder, The Chiafullo White Group, LLP, Watchung, NJ, By: David M. White, for the Defendant AcuSport Corp.

MEMORANDUM JUDGMENT & ORDER

WEINSTEIN, Senior District Judge.

I. Introduction

Plaintiff sues AcuSport Corporation ("AcuSport"), the distributor, and Atlantic Gun & Tackle, Inc. ("Atlantic"), the retailer, of a handgun used to kill an employee in a Wendy's food store. The basic issue is whether careless marketing techniques of defendants led to the killing. The case depends on plaintiff's charge of a "straw sale," i.e. the selling...

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