Archived posting to the Leica Users Group, 2001/03/11

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Subject: [Leica] Fraud and Zoom Lenses
From: Marc James Small <msmall@roanoke.infi.net>
Date: Sun, 11 Mar 2001 20:00:20 -0500
References: <NABBLIJOIFAICKBIEPJJKEDMIKAA.austin@darkroom.com>

I am a solo general-practice attorney.  The sort of "fraud" which has been
spoken of in this thread has presumed an intent to operate in bad faith.
There has been no showing that anyone here operated "in bad faith" though
many have jumped to that conclusion.  Certainly, there has been no showing
at all that Emanuel Lowi operated in any sort of bad faith -- he was clumsy
in arranging an e-Bay auction and, shucks, folks, this is true for a LOT of
us, myself included.  Emmanuel is a most ethical individual, as is Dr Yao.
I cannot speak for the store in Canada but, by everything shown here, they
were simply guilty of clumsily handling a transaction.

I suspect at least one of the heavy posters on this thread, an attorney,
lives in an ivory tower and does not regularly practice in courts of law
with matters such as this.  I do -- after all, Rumpole is simply a slightly
older British clone of me, and I HAVE been described as "a Roanoke City
Courthouse hack" by one learned Judge with an acute interest in the varied
career of that noted English barrister -- and, at least in the US, the
Judge would simply ask all concerned why his time was being wasted?  Lowi
would get a judicial butt-chewing for being clumsy, the Canadian dealer
would get a judicial butt-chewing for being clumsy, and Dr Yao would
receive the condolences of the Court.  Then, the case would be dismissed,
and Yao and Lowi and I would adjourn to an appropriate venue to chug some
plonk and discuss the vagueries of Leica.  

Can we just let this one rest?  The bitterness is becoming more than a bit
unsettling.  

Marc

msmall@roanoke.infi.net  FAX:  +540/343-7315
Cha robh bas fir gun ghras fir!