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KRISTINUS v. H. STERN COM. E IND. S.A.

No. 76 Civ. 1532.

463 F.Supp. 1263 (1979)

Rainer W. KRISTINUS, Plaintiff, v. H. STERN COM. E IND. S.A., Defendant.

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

January 26, 1979.

Attorney(s) appearing for the Case

Farber & Childs, New York City, for plaintiff; John J. Von Der Lieth, New York City, of counsel.

Bloom, Epstein, Wayne, Reiss & Milner, New York City, for defendant; George Reiss, New York City, of counsel.

LASKER, District Judge.

While visiting Rio de Janeiro in December, 1974, Rainer Kristinus, a Pennsylvania resident, purchased three gems from H. Stern Com. E Ind. S.A. (H. Stern) for $30,467.43. According to Kristinus, a flyer advertising H. Stern's wares had been slipped under the door of his hotel room in Brazil. The flyer contained the following statement (in English) in red type:

"Every sale carries Stern...

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