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Brian McQueenI was the buyer in the original auction. Bud Ackerman was gracious enough to allow the return even though Joe Orlando screwed him over in this case. The dealer who sold him the card also refused to take it back. Bud was honest though and took the card back even though he knew he'd probably end up being the one stuck with it.
There is no doubt that the card is the same. I know a little more about the history of this card as well. Yes, the card was indeed broken out of its "1" slab and restored. Those cuts, which appear to be little more than scratches in the scan of the card in the "3" holder, are actually exacto-knife slices that carry to the back of the card. Bud was honest in his listing and even displayed the picture of the card before the restoration was done.
To this day, I'm still not sure how this card managed to get a "3" the second time around....