Gavcus v. Potts

808 F.2d 596 (1986)

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Gavcus v. Potts

United States Court of Appeals for the Seventh Circuit
808 F.2d 596 (1986)

SC

Facts

Constance Gavcus’s (plaintiff) husband, Mr. Gavcus, died. After the funeral, Mr. Gavcus’s daughter from a prior marriage, Lillian Potts (defendant), removed valuable silver coins from the Gavcus house. Potts believed that as Mr. Gavcus’s daughter, she was entitled to possession of the coins. Gavcus hired an attorney and obtained possession of the coins via a criminal process. Gavcus then sued Potts for civil damages, including the cost of a new house alarm and attorney’s fees incurred in recovering the coins. The district court ruled in favor of Gavcus but awarded only nominal damages. Gavcus appealed.

Rule of Law

Issue

Holding and Reasoning (Fairchild, J.)

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