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Contracts Keyed to Whaley
Bain v. Gillispie
Citation:
Court of Appeals of Iowa, 1984. 357 N.W.2d 47.Facts
James C. Bain (Plaintiff) served as a referee for college basketball games. He refereed a basketball game between the University of Iowa and Purdue University, and during the game, he made a call that permitted Purdue to score a point that gave Purdue a last-minute victory. John and Karen Gillispie (Defendants) operated a novelty store in Iowa City, specializing in the University of Iowa sports memorabilia. The business was a private enterprise for profit having no association with the University of Iowa or its sports program. After the controversial game, defendant began marketing a t-shirt which showed a man (presumably, plaintiff) with a rope around his neck and was captioned “Jim Bain Fan Club.”
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