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Lawsuit Dismissed Against Ammo Sellers In Theater Shooting

DENVER (CBS4)- The lawsuit filed by the parents of a woman killed in the Colorado theater shootings, accusing four online retailers of improperly selling ammunition, tear gas, a high-capacity magazine and body armor used in the attack, has been dismissed.

According to court documents obtained by CBS4 Friday afternoon, Judge Richard P. Matsch dismissed the lawsuit filed against the defendants in the case: Lucky Gunner of Knoxville, Tennessee, Bullet Proof Body Armor of Tempe, Arizona, BTP Arms of New Oxford, Pennsylvania, and the Sportsman's Guide of South St. Paul, Minnesota.

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The lawsuit alleged it was illegal and negligent to sell the gear to James Holmes, who is accused of killing 12 people and injuring 70 in the July 20, 2012, attack.

It stated the companies had no safeguards to keep dangerous people from buying their goods.

Jessica Ghawi (credit: CBS)

The lawsuit claimed that Holmes bought at least 4,300 rounds of ammunition from Lucky Gunner's website,, and 700 rounds of ammunition and a 100-round magazine from the Sportsman's Guide website.

It read that Holmes bought two tear gas grenades from BTP Arms and four pieces of body armor from

The suit was filed by Sandy and Lonnie Phillips of San Antonio, whose daughter, Jessica Ghawi, was among the dead.

Sandy and Lonnie Phillips
Sandy and Lonnie Phillips (credit: CBS)

Holmes pleaded not guilty by reason of insanity to multiple counts of murder and attempted murder. Prosecutors are seeking the death penalty. The trial is expected to begin in late April.

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