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Willcox v. Stroup

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


Facts

Willcox (plaintiff) found Civil War documents in his stepmother’s home that had been in possession of his family since the War ended. Willcox 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 Willcox from selling the documents. Willcox brought this suit for a declaratory judgment that he owned the documents.

Rule of Law

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Issue

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Holding and Reasoning (Wilkinson, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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