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Stephen Colbert Sued Over Possession Of Captain America's Shield

With Cap being "reborn," will Colbert relinquish the shield?

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You might recall after the death of Captain America, Marvel editor-in-chief decided to give possession of Captain America's shield to the one and only Stephen Colbert.  As you know, Captain America is currently being...'reborn.'  With his inevitable return, it is now being demanded that Stephen Colbert should relinquish the shield back to its previous owner.  A writ of replevin has been issued to Mr. Colbert dated October 20, 2009 by Robt Seda-Schriber on behalf of Cap.

A writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property to be held by a designated official, under order and supervision of the court. This type of writ is commonly used to take property from an individual wrongfully in possession of it and return it to its rightful owner.
In 2007, upon the supposed "death" of Captain America, his shield was given to Mr. Colbert by Marvel Comics Editor-in-Chief, Joe Quesada. 
 
 [R]eports of his death were greatly exaggerated in the first place. It was under this false pretense that Mr. Colbert was “bequeathed” said shield, so it would follow that the good Captain’s shield be returned to him post-haste. 

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To read more on why Mr. Seda-Schreiber has decided that now is the time for this action, click HERE.  To my knowledge, there has not been an official comment from Stephen Colbert.
 
To read the writ of replevin, click on the image to the left.
 
Despite the fact that Joe Quesada gave the shield to Colbert, stating that Steve Rogers bequeathed it him, do you think Colbert is required to give it back?  Do you think Colbert will be negotiate its return or will this have to go to court?