California federal judge rules against government in 1974-D aluminum cent case

CoinZip · April 4, 2015 10:32AM

A federal judge in California has ruled that two men can continue their quest to own and potentially sell a 1974-D Lincoln aluminum cent. The court held that it is plausible that the coin could have left the Denver Mint legally.

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Eclectic · April 4, 2015 10:39AM

Precedent setting?

keyman64 · April 4, 2015 10:40AM

WOW! I imagine it will be appealed though...but I hope not.

keyman64 · April 4, 2015 10:42AM

<< Precedent setting? >>

Doubt it. Each case/coin will be judged on it's own I imagine....and then appealed...and then appealed...

Zoins · April 4, 2015 10:43AM

The judge denied the government's motion for summary judgment so the case can continue. The judge agrees that it's plausible that the coin was a retirement gift from the Denver Mint.

Raufus · April 4, 2015 11:12AM

Great!!

MrEureka · April 4, 2015 11:20AM

The judge denied the government's motion for summary judgment so the case can continue. The judge agrees that it's plausible that the coin was a retirement gift from the Denver Mint.

Assuming all agree that it was a gift from the Denver Mint, wouldn't the government simply claim that the Denver Mint lacked the authority to make the gift?

Zoins · April 4, 2015 11:30AM

<< The judge denied the government's motion for summary judgment so the case can continue. The judge agrees that it's plausible that the coin was a retirement gift from the Denver Mint.

Assuming all agree that it was a gift from the Denver Mint, wouldn't the government simply claim that the Denver Mint lacked the authority to make the gift? >>

Not saying they don't have the authority, but is there a statute of limitations for erroneous gifts?

puffer · April 4, 2015 11:35AM

I got the email from Coin World too. Maybe the Langbord appeal will have a pot of gold waiting for the original owners?

291fifth · April 4, 2015 11:36AM

The judge will be overturned on appeal.

Another case of unjust enrichment.

Coinosaurus · April 4, 2015 1:27PM

<< Assuming all agree that it was a gift from the Denver Mint, wouldn't the government simply claim that the Denver Mint lacked the authority to make the gift? >>

Their real argument is that they intend to litigate until the plaintiffs are dead.

ms70 · April 4, 2015 1:34PM

It should definitely be appealed because our government has such a huge amount of surplus money to spend on just causes such as this.

BStrauss3 · April 4, 2015 2:33PM

<< The judge denied the government's motion for summary judgment so the case can continue. The judge agrees that it's plausible that the coin was a retirement gift from the Denver Mint. >>

In denying the motion for SJ, the judge is not ruling one the MERITS of the argument, simply that - reading the facts so far as most favorable as possible for the plaintiff - there's enough of an issue to let a trial determine the facts...

Timbuk3 · April 4, 2015 6:32PM

Sweet !!! :-)

stash · April 4, 2015 6:57PM

<< The judge denied the government's motion for summary judgment so the case can continue. The judge agrees that it's plausible that the coin was a retirement gift from the Denver Mint. >>

I wonder if the " Summary Judgment " was going to be done but written briefs, or oral arguments.. The courts are getting lazy theses days ... Summary Judgments are very tricky to do, sure that pissed the judge off .....

ricko · April 4, 2015 11:57PM

Well... score one for the good guys (collectors vs. government)....I hope they succeed...Cheers, RickO

Cameonut · April 5, 2015 9:31AM

Take nothing for granted with the current administration. They will do anything within the legal system to win - and at any cost to the taxpayer. If I owned a 74d, it would stay hidden.

I have been involved in a suit against Treasury - it is still only in the discovery phase after six years - they have done all they can to stall, redact, and prevent the truth from being known. So far our group has won every legal hurdle, thus making the Treasury's stalling tactics look less than professional and downright blatant.

My advice would be to wait for a more friendly administration.

CaptHenway · April 5, 2015 10:16AM

<< Take nothing for granted with the current administration. They will do anything within the legal system to win - and at any cost to the taxpayer. If I owned a 74d, it would stay hidden.

I have been involved in a suit against Treasury - it is still only in the discovery phase after six years - they have done all they can to stall, redact, and prevent the truth from being known. So far our group has won every legal hurdle, thus making the Treasury's stalling tactics look less than professional and downright blatant.

My advice would be to wait for a more friendly administration. >>

I seriously doubt that this has anything to do with the current Administration. For decades the Treasury Dept. has been a quagmire of obfuscation. It does not matter who is in the White House.

Zoins · April 5, 2015 10:37AM

If a US Congressman can give the Toven Specimen 1974 aluminum cent to a police officer, can the US Mint give the Lawrence Specimen 1974-D aluminum cent to a retiring assistant superintendent? Who has more authority and who has sufficient authority?

Imagine a PCGS dual holder for the 1974 and 1974-D aluminum cents - and the registry set?

tahoe98 · April 5, 2015 10:15PM

They will do anything within the legal system to win

...They will? I'm not sure about the legal part...

California federal judge rules against government in 1974-D aluminum cent case

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