MARK E. MITCHELL, INC. v. CHARLESTON LIBRARY SOC.

No. 00 Civ. 5725(LAK).

114 F.Supp.2d 259 (2000)

MARK E. MITCHELL, INC., Plaintiff, v. CHARLESTON LIBRARY SOCIETY, et al., Defendants.

United States District Court, S.D. New York.

September 20, 2000.


Attorney(s) appearing for the Case

Leon Friedman, Richard Ware Levitt, New York, NY, for Mark E. Mitchell, Inc.

Michael E. Salzman, Hughes Hubbard & Reed, New York, NY, for Christie's Inc.


MEMORANDUM OPINION

KAPLAN, District Judge.

This action concerns the right to possession of a copy of an August 2-14, 1776 issue of the South Carolina American & General Gazette, which contains what is believed to be the sole extant copy of the first printing in South Carolina of the Declaration of Independence.

I

Plaintiff Mark E. Mitchell, Inc. ("MEM") consigned the document to Christie's Inc. ("Christie's") for sale at auction...

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