A federal judge has thrown out a $60 million lawsuit the Beach Boys brought against two men they accused of stealing the band's property from a warehouse and trying to sell the items at auction, a lawyer for one of the men said today (April 10).

In dismissing the case, U.S. District Judge Manuel Real ruled that the band had no evidence that memorabilia collector Roy Sciacca and warehouse owner Allen Gaba had stolen the trove of Beach Boys items from a North Hollywood warehouse in 1994, according to court documents.

The items included sound recordings, videotapes, photographs and original lyrics sheets.

A lawyer for the band's corporate entity, Brother Records, which was the plaintiff in the case, could not be reached for comment. Gaba, who was representing himself, could not be located.

Sciacca maintained he bought the items in the 1980s from a warehouse sale held by the band, his attorney William White said on Tuesday.

White said Sciacca decided to sell the Beach Boys collection following the $1.25 million sale in 2005 of former Beatle John Lennon's original handwritten lyric for the 1967 hit song "All You Need Is Love."

"He saw that the John Lennon lyric had sold for a substantial sum of money and thought he could sell his material," White said. "He contacted (London auction house) Cooper Owen, but when Brother Records found out it started this campaign to stop the sale."

Cooper Owen halted the sale of the 28 lots an hour before bidding was scheduled to begin in October of 2005 after the Beach Boys reported the items stolen to law enforcement agencies.

White said Sciacca was pleased by the judge's decision and was now free to sell the items.

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