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Re: legal analysis of "a clear case of theft"
- To: meteorite-list@meteoritecentral.com
- Subject: Re: legal analysis of "a clear case of theft"
- From: Ron Baalke <BAALKE@kelvin.jpl.nasa.gov>
- Date: Mon, 22 Jun 1998 19:55:08 GMT
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- Resent-Date: Mon, 22 Jun 1998 15:56:54 -0400 (EDT)
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>as a result of having consulted with two lawyers--including an ADA here in
>nyc:
>ron's analogies are failed because what was recovered was neither a car or
>a toy but a broken fragment of a tail light that went unnoticed following a
>giveaway of all such similar fragments. there is no "theft" as the recovery
>occurred after the owner consigned a zero value to said fragments,
Hi Darryl,
Thanks for checking with the lawyers. I should point out that someone
informed me that that the car parts were in fact not given away, but sold
to a Dan Cooper. Hence, the owner did not consign a zero value to the
fragments.
>a point
>which is further embellished by fragment(s) being left as refuse on the
>street. finally, please also note that the inherent value of the item
>taken--as well as "intent"--are also important considerations as it regards
>theft.
It has not been established that the pieces were left as refuse.
Do you have any information on this that you care to share with us?
Remember, the pieces in question were picked up just a few days after
the meteorite hit the car, and it probably took at least a few
days to negotiate the prices of the pieces. Since Michelle was selling the
car pieces and assigned a monetary value to them, I'm sure she didn't want
to leave any as refuse.
I would like to hear comments from Dan Cooper and/or Michelle Knapp about this.
Does anyone know how to contact either one?
>and as it regards canada...
>>I was merely pointing out the fact that the Canadian Act does
>>allows for the export of meteorites from Canada.
>you were extolling the Canadian Act as a reliable
>mechanism in the successful export of meteorites.
Darryl, I said no such thing.
If you don't like what the Canadian Act says, then don't blame me.
By the way, I've just been informed that an export permit was
obtained for the Abee meteorite and it was legally exported from Canada
via the Canada Act.
Ron Baalke