FMC Corp. v. Capital Cities ABC, Inc

In FMC Corp. v. Capital Cities ABC, Inc. (1990) 915 F.2d 300, the Seventh Circuit Court of Appeals, in construing California law on conversion, noted the rule that receipt of copies of documents, rather than the documents themselves, should not ordinarily give rise to a claim for conversion. The reason for such a rule is that the possession of copies of documents -- as opposed to the documents themselves -- does not amount to an interference with the owner's property sufficient to constitute conversion. "In cases where the alleged converter has only a copy of the owner's property and the owner still possesses the property itself, the owner is in no way being deprived of the use of his property. The only rub is that someone else is using it as well." (Id. at pp. 303-304.)