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Lee Harvey Oswald's casket (Photo: WFAA) 
  
 FORT WORTH -- A judge has ruled that the original casket Lee Harvey Oswald was buried in belongs to his brother, Robert. 
  
 Judge Don Cosby made the decision on Friday and said Baumgardner Funeral Home acted "maliciously" by auctioning off the casket for $87,468 a few years ago. 
  
 That same amount must now be paid in damages to Robert Oswald by the funeral home, the judge said. 
  
  
  
 RELATED: Judge to decide fate of Oswald's original casket 
  
  
  
 RELATED: JFK historian calls Robert Oswald's lawsuit a lie 
  
 Lee Harvey Oswald was buried in the casket days after allegedly assassinating President John F. Kennedy in 1963. He was exhumed in 1981 to make sure he was actually buried in the casket, and the $300 pine box was too damaged for re-burial. 
  
 While Oswald's family thought the casket had been thrown away, it had actually been kept in storage and eventually auctioned off by Baumgardner Funeral Home in 2010. 
  
 Once Robert Oswald found out, he filed a lawsuit. Throughout the trial the funeral home's attorney claimed Robert Oswald had purchased the casket as a gift and never actually owned it. 
  
 Oswald's attorney Gant Grimes says the casket will be destroyed, but he isn't sure when. 
  
 "From the moment we filed suit, to closing arguments and to today, the sooner we can get that casket destroyed, the sooner [Robert Oswald] will be able to go on with his life," Grimes said after Friday's ruling. 
  
 Read or Share this story: http://www.wfaa.com/story/news/local/2015/01/30/judge-rules-oswald-casket-belongs-family/22591663/ ||||| FORT WORTH, Texas (AP) — A funeral home that sold Lee Harvey Oswald's pine casket for $87,468 must return it to the accused presidential assassin's brother, a judge ruled Friday. 
  
 This file photo shows reporters that were enlisted to act as pall bearers at the interment of Lee Harvey Oswald at the Shannon Rose Hill Cemetery in Fort Worth, Texas. A Tarrant County judge on Friday,... (Associated Press) 
  
 Robert Oswald had bought the pine bluff casket for his brother, whose body was exhumed in 1981 amid conspiracy theories that it did not contain Lee Harvey Oswald's body. After a Dallas hospital confirmed the body through dental records, it was reburied, but not in the original casket, which was too water-damaged. 
  
 Oswald's family says it thought the original casket had been thrown away, but the funeral home actually kept it in storage before selling it at auction — along with Lee Harvey Oswald's death certificate and the embalming tools and table used in his burial — to an anonymous buyer. 
  
 Oswald's brother, Robert, sued Baumgardner Funeral Home after it sold the coffin through an auction house in Santa Monica, California. The auction house still has the coffin, because the lawsuit had put the sale of the coffin on hold. The sale was never completed, the judgment says. 
  
 In addition to returning the casket to Robert Oswald, the funeral home must pay him $87,468 in damages, a Tarrant County judge ruled, saying its conduct was "wrongful, wanton and malicious." 
  
 It also must pay the auction house more than $10,000 in storage fees. 
  
 The funeral home also must cover the expense of transporting the coffin from California to Texas, where the family plans to destroy it, according to Oswald's attorney, Gant Grimes. 
  
 Lee Harvey Oswald, accused of assassinating President John F. Kennedy in Dallas in 1963, was fatally shot during a jail transfer two days after Kennedy's death. Although Oswald was never put on trial, authorities concluded he was the killer. 
  
 Oswald had said he did not know the coffin still existed until he read in a Texas newspaper in December 2010 that it had been put up for sale. 
  
 The family-run funeral home's attorney, Brett Myers, maintained throughout the suit that Oswald never owned the coffin, but rather gifted it to his deceased brother. 
  
 "We're looking at options for appeal from the perspective of, 'Did the Baumgardners do what the court said they did?' I don't think they did," Myers said. |||||
Output:
Lee Harvey Oswald's original casket is no longer in limbo. A Texas judge has ruled that it belongs to his brother and not to the funeral home that tried to sell it as death memorabilia. Fort Worth Judge Don Cosby ruled that the Baumgardner Funeral Home acted "maliciously" when it sold the casket at auction a few years ago for about $87,000, reports WFAA. The sale was put on hold, however, when brother Robert Oswald got wind of it and filed a legal challenge. Now the pine coffin will go to Robert, and the funeral home must pay him the $87,000 it nearly made in profit. The AP provides the back story on the coffin: It was raised in 1981 to settle conspiracy theories that Oswald was, in fact, buried inside it. When tests confirmed he was, his body was reburied in a different coffin because the original had too much water damage. Robert Oswald assumed it had been destroyed until he read about it being put up for sale in 2010. His attorney said yesterday that the coffin will be destroyed as soon as possible. (Reporters were enlisted as pall bearers at Oswald's burial.)