Hem C. and Krishna Gupta - Page 5




                                        - 4 -                                         

          enable him to commence the activity.  It appears that petitioner            
          became aware that telephone debit cards of competitors were being           
          marketed in Las Vegas for amounts less than those of BMI.                   
          Petitioner complained about this to BMI; however, the record does           
          not reflect whether BMI addressed this complaint.                           
               Petitioner later decided that, in lieu of distributing the             
          musical greeting cards, since BMI also promoted the sale of                 
          Medical Emergency Response Cards (MERC), petitioner would instead           
          market MERC.  BMI agreed to this switch.  MERC were programmed to           
          contain vital medical information of the holder so that, in an              
          emergency, if the cardholder was incapacitated, such information            
          would be available by telephone.                                            
               BMI did not immediately send the MERC to petitioner,                   
          although the record shows petitioner made several telephone                 
          requests to BMI during 1994 in order that he could commence his             
          business.  However, in a letter to BMI dated May 31, 1994,                  
          petitioner, expressing frustration, requested his money back.  On           
          July 18, 1994, BMI shipped some of the telephone debit cards and            
          brochures; however, BMI did not provide the store locations with            
          the necessary computer to activate the cards.  In a letter to BMI           
          dated July 27, 1994, petitioner concluded the letter with the               
          following:                                                                  









Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011