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Open box and returned.

Any iPhone that is returned in the return window is going to go back to Apple to be re-packaged, and will be marketed as a refurb.

So, your choices, if it is an iPhone 3g you are seeking, are:
Brick and mortar ATT Store
Online ATT Store
Apple Store
 
no one sells open box they sell them as refirbushed. At AT&T the refirbs come with a 90 warranty.
 
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