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HILL v. GATEWAY 2000, INC.

No. 96-3294.

105 F.3d 1147 (1997)

Rich HILL and Enza Hill, on behalf of a class of persons similarly situated, Plaintiffs-Appellees, v. GATEWAY 2000, INC., and David Prais, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided January 6, 1997.

Rehearing and Suggestion for Rehearing Denied February 3, 1997.

Attorney(s) appearing for the Case

Daniel A. Edelman (argued), Cathleen M. Combs, James O. Latturner, Charles E. Petit, Edelman & Combs, Chicago, IL, for Plaintiffs-Appellees.

Terry M. Grimm, Thomas J. Wiegand, Winston & Strawn, Robert M. Rader (argued), Winston & Strawn, Washington, DC, for Defendants-Appellants.

Before CUMMINGS, WOOD, Jr., and EASTERBROOK, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied February 3, 1997.

EASTERBROOK, Circuit Judge.

A customer picks up the phone, orders a computer, and gives a credit card number. Presently a box arrives, containing the computer and a list of terms, said to govern unless the customer returns the computer within 30 days. Are these terms effective as the parties' contract, or is the contract term-free because the order-taker did not read any terms over the...

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