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Microfilms returned to Decorah Genealogy Association by the Winneshiek County Historical Society

Posted: Tue, Sep 5, 2017 5:58 PM

287 rolls of microfilm that have been at the center of lawsuits filed by the Decorah Genealogy Association against the Winneshiek County Historical Society have now been returned to the DGA.

In a notice to the court, the Historical Society describes the return of the materials as "an effort to amicably resolve and move past this issue and concentrate on other matters, and in order to avoid the cost, delay and uncertainty of further litigation."

However, the Decorah Genealogy Association says it will continue its lawsuits against the Historical Society, in part because it wants to recover "loss of use" damages for the eight months the microfilms were not in the possession of the DGA.  Said the DGA, "Litigation continues to recover losses and damages caused by this situation."

A judge held a hearing in the case last week and is expected to rule soon on a motion by the Historical Society to dismiss the case.  If the judge rules in favor of the Genealogy Association instead, a hearing on the issue of damages would be held in February.

Meanwhile, a second lawsuit, a "conversion" lawsuit filed against Roger Bergan for allegedly taking the microfilms, remains in effect, with a hearing scheduled for next April.