ANTIQUE NEWSPAPER DISPUTE MOVES TO FEDERAL COURT

By: Joe Strupp

Historic S.C. Paper Is Subject Of Lawsuit





by Joe Strupp



A federal judge on Friday ruled that a dispute over the sale of a
224-year-old South Carolina newspaper issue that reported on the
signing of the Declaration of Independence must be reviewed in U.S.
District Court in New York before a related suit in South Carolina
can move forward.



U.S. District Court Judge Lewis A. Kaplan handed down the ruling
that will allow a federal lawsuit by Virginia newspaper dealer Mark
Mitchell to move forward first. Mitchell sold the newspaper through
Christie’s auction house in May for $140,000 to the (Charleston)
Post & Courier Foundation, but contends he is being denied payment
for the sale.



Christie’s held off completion of the sale after the Charleston
Library Society sued in The Court of Common Pleas of South Carolina
for rights to the newspaper. The Library Society suit names
Christie’s, the Post & Courier Foundation and Mitchell as defendants.



Mitchell’s suit seeks his portion of the sale revenue and contends

that the Library Society is denying him his share. Judge Kaplan’s
ruling means Mitchell’s suit will be settled first in New York, then
the South Carolina legal action will reconvene.



‘We would prefer to litigate the matter in South Carolina,’ said
attorney William Cleveland, representing the Library Society. ‘But
the judge had to make a call and we will proceed.’



No further court dates have been scheduled, but the next hearing is
expected to occur in October.







~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~





Joe Strupp (jstrupp@editorandpublisher.com) is an associate editor for
E&P.



Related story:



LEGAL BATTLE CONTINUES OVER 224-YEAR-OLD PAPER (09/08/00)



HISTORIC NEWSPAPER FETCHES $140,000 AT CHRISTIE’S (05/22/00)













(c) Copyright 2000, Editor & Publisher

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