A foyer card from the movie ‘The Wizard Of Ounces,’ presentations a movie nonetheless of a scene during which American actress Judy Garland (1922 – 1969) (as Dorothy) wipes tears from the eyes of actor Bert Lahr (1895 – 1967) (because the Cowardly Lion), whilst watched via Jack Haley (1898 – 1979) (because the Tin Guy) (left), and Ray Bolger (1904 – 1987) (because the Scarecrow), 1939. The movie was once directed via Victor Fleming.
Hulton Archive | Moviepix | Getty Photographs
The Catholic College of The usa would possibly not give up Dorothy’s get dressed — with no courtroom battle.
The college insisted in a brand new observation to CNBC that it — and no longer the property of a past due priest and drama professor — is the “rightful proprietor” of a as soon as long-lost get dressed worn via Judy Garland within the vintage movie “The Wizard of Ounces.”
The Washington, D.C., college additionally stated {that a} new lawsuit filed via the niece of the Rev. Gilbert Hartke, which objectives to dam an upcoming public sale of the blue-and-white gingham get dressed, “has no foundation in legislation or reality.”
Gilbert Hartke were proficient the get dressed in 1973.
The varsity’s observation got here simply as a legal professional for Hartke’s 81-year-old niece requested a federal pass judgement on in New York Town in a brand new courtroom submitting to factor a brief injunction that may a minimum of delay the Might 24 public sale of the get dressed at the college’s behalf. The get dressed is predicted to fetch up to $1 million or extra at an public sale held via Bonham’s in Los Angeles.
Hartke, as a Roman Catholic priest and member of the Dominican Order, “had taken a vow of poverty,” the college famous within the observation.
“He vowed to not obtain or settle for any items as his personal non-public assets, and on the time of his dying didn’t have any tangible pieces in his property,” Catholic College stated.
“If truth be told, a list of Fr. Hartke’s property performed in 1987 indexed not anything of price in non-public possessions or any tangible assets of any kind, in spite of different documented items to Fr. Hartke for the good thing about Catholic College over time.
“Catholic College is the rightful proprietor of the get dressed, and Fr. Hartke’s property does no longer have a assets pastime in it,” the college stated.
In a courtroom movement filed Friday that seeks a brief injunction barring the public sale, a legal professional for Hartke’s niece, Barbara Ann Hartke, stated that the Wisconsin lady will undergo “irreparable harm” if the Bonham’s public sale is authorized to continue earlier than the solution of her swimsuit claiming possession of the get dressed via the property of her uncle.
“As a result of plaintiff’s asset is in Defendant’s ownership and can be bought to the best possible bidding celebration, plaintiff will successfully lose the facility to reclaim ownership of hers and, or the property’s assets as soon as the public sale takes position,” Barbara Hartke’s legal professional, Anthony Scordo, additionally argued in his submitting in U.S. District Court docket in Ny.
Scordo additionally wrote, “There’s a sturdy public pastime for the courtroom to go into an injunction right here.”
“This assets is … essential to the American public for causes which can be articulated within the Verified Grievance. The truth that a very powerful a part of Americana may not be within the public realm and be misplaced without end,” Scordo wrote.
The get dressed is one in every of simplest two attire identified to nonetheless exist of the different created for Garland to put on in 1939’s “The Wizard of Ounces.” The opposite get dressed was once auctioned in 2015 via Bonham’s for greater than $1.5 million.
Pass judgement on Paul Gardephe has no longer but dominated at the movement searching for a brief injunction. Neither Bonham’s nor Scordo has answered to requests for remark.
CNBC published previous this week that Barbara Hartke had sued the college and Bonham’s after she stated she simplest just lately discovered from press reviews that the get dressed proficient to her uncle was once quickly going up for public sale after having been misplaced for many years.
The get dressed was once discovered final July in a trash bag within the college’s drama division.
Catholic College needs to promote the get dressed to boost cash for its drama college, which Gilbert Hartke based.
The priest was once given the get dressed in 1973 via his pal, the actress Mercedes McCambridge, who credited him with serving to her maintain her alcoholism.
Across the time McCambridge gave him the get dressed, she was once appearing because the voice of the demon Pazuzu within the horror film “The Exorcist,” which was once filmed in Washington.
She up to now had received an Academy Award for Easiest Supporting Actress in 1949 for her efficiency in “The entire King’s Males,” and was once nominated in the similar class for her function in “Massive,” which starred Elizabeth Taylor, James Dean and Rock Hudson.
Gilbert Hartke himself was once a outstanding determine in Washington theater who “was once very a lot the person about the city,” comfy on the White Space and in D.C.’s energy eating places as he rubbed elbows with the capital town’s political and social elite, The Washington Submit famous in his 1986 obituary when he died at age 79.
Hartke additionally was once one in every of two Catholic clergymen requested via the widow of President John Kennedy to stick with his frame on the White Space earlier than his funeral after his 1963 assassination.
However in spite of his prime profile, Hartke as a clergyman was once certain via his vow of poverty, Catholic College famous in its observation Friday mentioning that the college is the prison proprietor of the get dressed.
“Catholic College understands the solemnity of those vows, as did McCambridge and Fr. Hartke on the time of the donation to Catholic College,” the observation stated. “In step with those vows, the get dressed was once a present to additional Fr. Hartke’s essential legacy of creating the College of Drama right here at Catholic College.
“The College’s analysis of contemporaneous resources and the proof totally demonstrates McCambridge’s intent to donate the get dressed to beef up the drama scholars at Catholic College. The grievance supplies no proof on the contrary.”
The college stated that after the get dressed was once came upon final summer time, “Catholic College didn’t achieve out to the circle of relatives of Fr. Hartke since the get dressed was once proficient to Catholic College for the good thing about the scholars within the Rome College.”
Barbara Hartke’s legal professional Scordo, in his movement searching for to dam the public sale, argued that delaying the deliberate sale of the get dressed till her lawsuit is resolved is not going to hurt Catholic College or Bonham’s financially.
“Access of an injunction here’s warranted and can position no undue burden at the defendants,” Scordo wrote.
“Defendants can’t argue that the prolong in auctioning the valuables will purpose
any hurt by any means given the time that has elapsed because the dying of decedent. There’s no
indication that the honest marketplace price will enjoy any actual exchange will have to the public sale be
postponed pending solution of this litigation.”
However Scordo stated Barbara Hartke “would be the celebration harmed right here will have to this public sale no longer be enjoined.”
