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BAUMLIN & ERNST, LTD. v. GEMINI, LTD.

No. 80-1175.

637 F.2d 238 (1980)

BAUMLIN & ERNST, LTD., Appellee, v. GEMINI, LTD.; John L. Stickley & Company; John L. Stickley; John L. Stickley, Jr., Appellants.

United States Court of Appeals, Fourth Circuit.

Decided December 30, 1980.

Attorney(s) appearing for the Case

Robert B. Cordle, Charlotte, N. C. (Helms, Mulliss & Johnston, Charlotte, N. C., on brief), for appellants.

Larry B. Sitton, Greensboro, N. C. (William L. Young, Smith, Moore, Smith, Schell & Hunter, Greensboro, N. C., on brief), for appellee.

Before HALL, MURNAGHAN and SPROUSE, Circuit Judges.

MURNAGHAN, Circuit Judge:

Baumlin & Ernst, Ltd., plaintiff and appellee, is a Swiss corporation which manufactures and exports yarn for sale in the United States and elsewhere. Commencing in October of 1972, several lots were sold and delivered to Gemini, Ltd., a North Carolina corporation.

The initial lot and all subsequent lots were covered by an order confirmation form employed by appellee identical in all cases except for the specification as to date...

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