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The E-Sylum: Volume 4, Number 14, April 1, 2001, Article 5


In a copyrighted article, Michael E. Marotta reports:

"On December 13, 2000, the United States District Court Southern District of New York (500 Pearl Street, 10007) dismissed Civil Action No. 00CV3233 for lack of personal jurisdiction.

The libel suit brought against Prof. Theodore V. Buttrey by Stack's LLC and John Jay Ford, Jr., asked $6 million in damages. The court ruled that it could not hear the case because the law cited by the plaintiffs did not apply to the matter.

Lawyers for John Ford and Harvey Stack claimed damages under 28 USC 1332(a) and 28 USC 1391(b). The court agreed with Buttrey's attorney that since the defendant does not buy or sell as a merchant in New York the complaint lacked merit.

The matter goes back to the so-called "Great Debate" at the ANA 1999 Anniversary Convention in Rosemont, Illinois. The encounter was an argument -- not exactly an academic debate, since it lacked a proper Question and other formalities -- at the Numismatic Theater presentation. The subject was the authenticity of several hundred "Western Assay Bars" discovered and/or sold by Ford to several collectors and through several dealers including Stacks LLC of New York. Prof. Buttrey claimed in publications and lectures for the American Numismatic Society that these objects are modern fabrications and not artifacts of America's pioneer West. Buttrey also condemned several bars sold by Ford allegedly from the Mexico Mint of Spain in the 1700s."

Wayne Homren, Editor

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