Wilcox v. Stroup

United States Court of Appeals for the Fourth Circuit467 F.3d 409 (4th Cir. 2006)

Facts

Wilcox (plaintiff) found Civil War documents in his stepmother’s home that had been in possession of his family since the War ended. Wilcox gave the South Carolina Department of Archives and History permission to microfilm the documents and then tried to sell them to a third party. Stroup (defendant), the director of the South Carolina Department of Archives and History, obtained a temporary restraining order, preventing Wilcox from selling the documents. Wilcox brought this suit for a declaratory judgment that he owned the documents.

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