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California federal judge rules against government in 1974-D aluminum cent case
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<p>[QUOTE="V. Kurt Bellman, post: 2123656, member: 71723"]The impact of this story, and especially the headline, are misleading. Both sides have now thrown the Hail Mary pass of asking the court to rule in their favor before the evidentiary portion of the case. Burton Strauss is correct above. A motion for summary judgment is saying, "even if the facts are assumed in the most favourable light to the other guy, I STILL win." That is SUPPOSED TO BE tough to get, even though our federal courts like to do them as a caseload management tool.</p><p><br /></p><p>The court is saying we need to hear evidence about the circumstances under which this coin left the Mint's custody. It's neither obvious it was nefarious nor innocent. It depends. Now we get discovery and maybe a trial on the merits.[/QUOTE]</p><p><br /></p>
[QUOTE="V. Kurt Bellman, post: 2123656, member: 71723"]The impact of this story, and especially the headline, are misleading. Both sides have now thrown the Hail Mary pass of asking the court to rule in their favor before the evidentiary portion of the case. Burton Strauss is correct above. A motion for summary judgment is saying, "even if the facts are assumed in the most favourable light to the other guy, I STILL win." That is SUPPOSED TO BE tough to get, even though our federal courts like to do them as a caseload management tool. The court is saying we need to hear evidence about the circumstances under which this coin left the Mint's custody. It's neither obvious it was nefarious nor innocent. It depends. Now we get discovery and maybe a trial on the merits.[/QUOTE]
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California federal judge rules against government in 1974-D aluminum cent case
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