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

No. 584, Docket 79-7576.

615 F.2d 67 (1980)

Rainer W. KRISTINUS, Appellant, v. H. STERN COM. E IND. S. A., Appellee.

United States Court of Appeals, Second Circuit.

Decided January 24, 1980.


Attorney(s) appearing for the Case

Edwin B. Barnett, Strong, Barnett, Hayes & Hamilton, Philadelphia, Pa. (Theodore Q. Childs, Farber & Childs, New York City, of counsel), for appellant.

Robert M. Milner, Bloom, Epstein, Wayne, Reiss & Milner, New York City, for appellee.

Before MULLIGAN, OAKES and GURFEIN, Circuit Judges.


PER CURIAM:

This appeal is from the judgment of the United States District Court for the Southern District of New York, Morris B. Lasker, Judge, dismissing a complaint, by a jewelry buyer, appellant Kristinus, against the seller, appellee, H. Stern Co., seeking a return and refund for three purchased uncut gems. We reverse and remand to the district court for further trial and consideration of the evidence offered in addition to the testimony of the only two witnesses...

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