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Sec'y of U.S. Air Force v. Commemorative Air Force, No. 08-4084

By FindLaw Staff on November 02, 2009 | Last updated on March 21, 2019

In United States Air Force's (USAF) suit against Commemorative Air Force (CAF) for breach of contract, replevin, and a declaratory judgment that it violated the terms of a 1996 donation certificate concerning an F-82 aircraft, district court's order granting summary judgment in favor of plaintiff and denying CAF's motion for summary judgment is affirmed, as there is no genuine issue of material fact that CAF's attempt to trade the F-82 violated the terms of the 1996 donation certificate, which called for title to revest in the USAF if CAF no longer desired to return the aircraft. 

Read Sec'y of U.S. Air Force v. Commemorative Air Force, No. 08-4084

Appellate Information

Argued: October 14, 2009

Decided and Filed: November 2, 2009


Opinion by Circuit Judge Rogers


For Appellant:  Garry L. Montanari, Michealis, Montanari & Johnson, PC., Westlake Village, California.

For Appellee:  Patrick D. Quinn, Assistant United States Attorney, Dayton, Ohio.

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