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WILLCOX v. STROUP

No. 06-1179.

467 F.3d 409 (2006)

Thomas Law WILLCOX, Debtor-Appellee, and John M. Willcox; Kathryn Willcox Patterson, Defendants-Appellees, v. Rodger STROUP, Director, South Carolina Department of Archives and History; State of South Carolina ex rel. Henry McMaster, Attorney General for the State of South Carolina, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided October 27, 2006.

Attorney(s) appearing for the Case

ARGUED: James Emory Smith, Jr., Assistant Deputy Attorney General, Office of the Attorney General of South Carolina, Columbia, South Carolina, for Appellants. Kenneth Charles Krawcheck, Charleston, South Carolina, for Appellees. ON BRIEF: Henry D. McMaster, Attorney General, Robert D. Cook, Assistant Deputy Attorney General, Office of the Attorney General of South Carolina, Columbia, South Carolina, for Appellants.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge NIEMEYER and Judge HUDSON joined.

OPINION

WILKINSON, Circuit Judge.

This case concerns the ownership of papers from the administrations of two governors of South Carolina during the Civil War. Debtor-plaintiff Thomas Law Willcox sued in United States Bankruptcy Court for a declaratory judgment that the papers were part of his estate. Defendant South Carolina contends that the papers are public property. The bankruptcy court held for the State. The district court reversed, holding that the...

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