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helmet that petitioner described in that advertisement.
Dr. Jamieson, a general surgeon, has been a collector of
flight helmets and combat helmets, including Mark IV helmets, for
about 25 years. At the time of the trial herein, he had over
1,000 helmets in his collection, 150 of which were flight helmets
and seven to 10 of which were Mark IV helmets. Just prior to
1990, Dr. Jamieson purchased a Mark IV helmet, suit, and gloves
for a total price of $700. At about the same time, he also
purchased two incomplete Mark IV helmets for a total price of
$400. During 1990 or 1991, Dr. Jamieson purchased a Mark IV
helmet for $350 at a flea market in Long Beach, California. In
addition, sometime during 1990 or 1991, he received two Mark IV
helmets as gifts from two different individuals.
During his telephone conversation with petitioner that took
place around 1990 or 1991, Dr. Jamieson identified himself as a
collector of helmets and asked petitioner for a description of
the helmet that he was offering for sale. Based on petitioner's
description of that helmet, Dr. Jamieson determined that the
helmet petitioner was offering for sale was a Mark IV helmet, and
not a space helmet as advertised by petitioner in the newspaper.
Petitioner offered to sell Dr. Jamieson the Mark IV helmet
at issue for $10,000. Based on his personal knowledge of sales
of other Mark IV helmets, Dr. Jamieson informed petitioner that
the Mark IV helmet at issue was worth approximately $300 to $500.
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