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Dropped

Fan gives up lawsuit over Sosa's 62nd HR ball

Click here for more on this story

Posted: Friday September 25, 1998 07:13 PM

  After sending No. 62 onto Waveland Avenue, Sosa will now get to keep the historic ball AP

CHICAGO (AP) -- The battle between two Chicago Cubs fans over Sammy Sosa's 62nd home run ball -- which began in an alley behind Wrigley Field -- ended Friday with an agreement that the slugging outfielder would get the souvenir.

During a hearing Friday before Circuit Court Judge Michael Getty, Gary "Moe" Mullins' lawyer said Mullins' lawsuit had been dropped after he received assurances the ball would be given to Sosa.

"The bottom line was that both sides agreed Sammy Sosa should get the ball," lawyer Steven Rapaport said.

The St. Louis Cardinals' Mark McGwire had already broken Roger Maris' 1961 record of 61 home runs when Sosa launched No. 62 on September 13, sending the fans on Waveland Avenue outside Wrigley Field scrambling for the baseball.

Getty had issued a temporary restraining order prohibiting Brendan Cunningham, the suburban Chicago mortgage broker who has possession of the ball, from selling it or even giving it back to Sosa until the lawsuit was resolved.

Cunningham's lawyer, Stephen Libman, confirmed Cunningham will give the ball to Sosa. The ball is currently being held in a safety deposit box.

Mullins, 47, a delivery truck driver, claimed he had possession of the ball before Cunningham ripped it from his clutches as fans piled on top of him. He shortly thereafter filed a civil lawsuit.

Cunningham, 33, said he was in the pileup but didn't take the ball from anyone. He had originally said he would entertain offers for the ball, which he said could possibly pay for his child's college education, but he later changed his mind.

Cunningham proposed a joint presentation to Sosa but Mullins, who has been a game-day fixture on the sidewalks outside Wrigley for years, rejected the idea.

"He [Mullins] still feels extremely strongly about this that it was his and it was stolen from him," Rapaport said. "He knows it's going to Sammy and he'd rather dismiss the suit than appear with Mr. Cunningham."

Rapaport said Mullins was concerned about lawyer's fees and coming up with a $50,000 bond the judge had placed on the ball.

"The reason why he dropped it was because we are the lawful possessor of the ball," Libman said. "I think the lawsuit was groundless. I think they realized they could never prevail in the case."  

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