 Gellers' theory was that Maine had violated the 1794 treaty by selling of land.Because Maine had made no provision for a waiver of its sovereign immunity (for example, in a state claims court), Gellers' strategy was to sue Massachusetts, hoping that Massachusetts would in turn sue Maine.On March 8, 1968, Gellers—affiliating with Massachusetts attorney John Bottomly—filed a suit in Suffolk Superior Court in Boston, seeking $150 million in damages.