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Old April 10, 2013, 03:59 PM   #40
Spats McGee
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Join Date: July 28, 2010
Location: Arkansas
Posts: 8,821
Quote:
Originally Posted by deepcreek
Quote:
Originally Posted by Spats McGee
They do, indeed, as well they should. That does not tell us if a lawsuit is viable, though.
No but morals might justify if he even wants to pursue one, or pursue personal compensation outside the courts.
Yes, they might. The question of morals (& ethics) should certainly play a role in deciding whether or not to pursue action against the gunsmith or shop owner.

However, while I do not presume to speak for Frank, I don't think that either one of us was weighing in on whether the OP should pursue a remedy against the gunsmith or shop owner. Frank was merely responding to whether the OP
Quote:
Originally Posted by TimSr
. . . . had a simple small claims court remedy against the gunsmith who had custody of the property at the time it was stolen.
IOW, merely responding to the question of whether there is a legally tenable cause of action against him. That's a question of "Can I?" not a question of "Should I?"
Quote:
Originally Posted by lcpiper
Can you file under the freedom of Information Act for information about the case and the disposition of your property? Might help the lawyer some.
Possibly, but I don't know enough about any federal FOIA to answer the question of whether same might be successful. I do know that in Arkansas and (I presume) many states, there is an FOIA exemption for "ongoing investigations" that might prevent such a request from being open under such circumstances.
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