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incorporated by this reference. Petitioners resided in
Inverness, Florida, at the time the petition was filed.
On October 14, 1999, petitioners entered into a contract
with ATC, Inc. (ATC), a wholly owned subsidiary of Alpha Telcom,
Inc. (Alpha Telcom), entitled “Telephone Equipment Purchase
Agreement” (ATC pay phone agreement). Under the terms of the ATC
pay phone agreement, petitioners paid $10,000 to ATC, and ATC
provided petitioners with legal title to the “telephone
equipment” that was purportedly described in an attachment to the
ATC pay phone agreement, entitled “Telephone Equipment List”.
The attachment, however, did not identify any pay phones subject
to the agreement. Only identification numbers, the location of
the pay phones, and sale prices were provided. The ATC pay phone
agreement also included the following provision:
1. Bill of Sale and Delivery
a. Delivery by Seller shall be considered complete
upon delivery of the Equipment to such place designated by
Owner.
b. Owner agrees to take delivery of installed
Equipment and location on site.
c. Upon delivery, Owner shall acquire all rights,
title and interest in and to the Equipment purchased.
d. Owner authorizes ATC to enter into such site
agreement as may be deemed necessary to secure site.
e. Phones have approved installation under The
American with Disabilities Act.
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Last modified: May 25, 2011