Heritage Auctions filed a lawsuit against the Braves on Wednesday in the case of disputed Hank Aaron memorabilia that was set to go to auction this weekend. The lawsuit was filed in the U.S. District Court in Dallas. A copy of the lawsuit was obtained by The Atlanta Journal-Constitution.
The main disputed items are the home plate and bases from Aaron’s historic 715th home run, hit in Atlanta on April 8, 1974. The items, consigned to Heritage Auctions by the son of a long-term Braves employee, were part of a cease and desist letter the Braves sent to the auction house on Friday to have the items withdrawn from the pending auction. The AJC obtained a copy of the letter. The lawsuit contends that the bases and other Aaron mementos were consigned by a total of five people and include seven other items of memorabilia, including game-used jerseys, bats and a Braves cap. Heritage Auctions says the identity of the consignors is confidential information.
On Tuesday, Heritage Auctions withdrew the home plate and bases from the auction several hours after the deadline for compliance in the cease and desist letter.
On Wednesday, Heritage Auctions filed the lawsuit with four causes of action. They are defamation, business disparagement, intentional interference with contractual relations and intentional interference with prospective economic relations.
A statement to the AJC from Heritage Auctions reads: “We do not comment on pending legal matters. However, Heritage Auctions prides itself on transparency and authenticity and stands behind every item we offer at auction.”
A statement to the AJC from a Braves spokesman read: “We intend to vigorously defend the ownership of our property in a court of law and will not be issuing any further statements as this is an ongoing legal matter.”
The lawsuit contends the Braves are damaging Heritage’s reputation for honesty and integrity in selling authentic items. It also claims the Braves are damaging Heritage’s relationships with other consignors to the auction containing the 715 Bases and other memorabilia, properties that may sell for less as a result of doubts created by the cease and desist motion and subsequent media coverage.
Moreover, the suit accuses the Braves of damaging Heritage affiliates’ relationships with bidders at all Heritage auctions, who may doubt whether the items Heritage is selling are authentic and not stolen, and damaging Heritage and its affiliates as a result of lower commissions from items selling for lower amounts and reduced future consignments.
The suit seeks unspecified damages, attorneys’ fees and a judgment from the court that the Braves’ allegations are wrong.
The items are part of Heritage Auctions’ Summer Platinum Night Sports Auction Friday through Sunday. Prior to the deadline set in the cease and desist letter, Heritage Auctions released a statement to the AJC that read: “The Braves did not have all the facts concerning the Braves material in the upcoming auction. Heritage Auctions is currently sharing that information with the Braves’ counsel, and we hope to have this expediently and amicably resolved.”
The AJC first called into question the possible authenticity of the home plate and bases after reporting that the Baseball Hall of Fame has an Aaron display, since 2009, with the third base from the night he hit the historic home run.
The Hall of Fame first issued the following statement to the AJC when it contacted the museum about the auction. “The third base bag from Hank Aaron’s 715 home run game, which was presented to him following his record-setting home run, was then donated by Aaron to the Hall of Fame in 1982. He subsequently donated his entire collection to the Hall of Fame.”
The Hall of Fame does not have the home plate and first and second bases from the game. Lelands reportedly sold the second base from the game in an auction in 2002. The bat and ball from the historic home run are at Truist Park.
Heritage Auctions stood by the authenticity of the items in a previous statement to the AJC, and said it first heard of a potential issue in the AJC’s article.
The home plate and bases had an early bid of $45,000, up $1,000 since the dispute became public, before they were withdrawn. A 1974 cap has an early bid of $7,250, up $750 from earlier this week. A 1974 jersey has an early bid of $110,000, up $5,000 from earlier this week. A 1954 jersey has an early bid of $862,500, up $62,500 from earlier this week.
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