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.
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.