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KAVKY v. HERBALIFE INTERNATIONAL

820 A.2d 677 (2003)

359 N.J. Super. 497

Stephen KAVKY, Plaintiff-Appellant, v. HERBALIFE INTERNATIONAL OF AMERICA, Defendant-Respondent, and Jerry Homan, individually and d/b/a RBP International, Richard Palmer, individually and d/b/a RBP International, and Sonia Palmer, individually and d/b/a RBP International, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided April 22, 2003.

Attorney(s) appearing for the Case

Gary P. Levin, Mays Landing, attorney for appellant.

Goodwin Procter, attorney for respondent (Glenn S. Kerner and Melanie H. Muhlstock, of counsel and on the brief).

Before Judges STERN, COBURN and COLLESTER.

The opinion of the court was delivered by COBURN, J.A.D.

Plaintiff, Stephen Kavky, sued defendants, Herbalife International, Inc. ("Herbalife") and Jerry Homan, Richard Palmer, and Sonia Palmer, all doing business as RPB International, as well as that entity itself, alleging common law fraud and violation of the Consumer Fraud Act, N.J.S.A. 56:8-1 to -109 (the "Act"). The action arose from plaintiff's purchase of a franchise or distributorship offered by defendants...

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