.
I understand how many in the CAF would consider they were hard done by, and that this aircraft belonged to the CAF, especially given the CAF's formal statements after the first court case and "rallying of the troops" to support an appeal.
Most volunteer groups suffer from poor filing and record keeping, and transfer of knowledge from administration to administration, ie loss of corporate memory.
I have followed the P-82 saga for a quite some time and from the court judgements it seems clear that the P-82 was "donated" to the CAF with strings attached (better described as an indefinate loan), the letter of "ownership" was requested, and provided to facilitate FAA registration.
The CAF's public declaration to dispose of the aircraft in trade for a P-38 triggered one of the strings attached to the "donation", and the NMUSAF had the aircraft returned in accordance with that requirement.
It would seem to me poor record keeping,lost corporate memory, linked with a typically poor government wording of a document (donation versus loan), has led to this confrontation.
There has been a court case, and an appeal that has upheld those facts.
Unfortunately the opposing sides, (based on their own interpretation of the strengths of their case) have not been able to find a middle ground, the CAF appeared to pursue that after the loss of the first court case, with offers to retain the aircraft for static display only, but without accepting the NMUSAF ownership, the courts findings, and publicly reserving its right and intention to pursue an appeal.
Faced with that situation, the NMUSAF (and the General) would seem left with no choice but to conclude the "donation" agreement, and have the aircraft returned.
Unfortunately in every court case, at least one side's lawyers are found to be incorrect in their assessment of the evidence, and advice to their clients, ie despite their over confidence prior to the case that they will definately win their clients loose, left empty handed and empty wallets.
This issue has gone to court twice now, I think every one other than the "gov'mnt conspiratists" should be able to accept the umpires decision, and the fact that all of the CAF's "evidence" was presented to defend its view of the situation.
I think its about time the dust was permitted to settle and the CAF and NMUSAF given the opportunity to forge new relationships, the constant picking of this scab will never let it heal, and that will be to the detriment of the relationship and any possibility of other "donations"/loans, including return of the P-82 for static display.
The NMUSAF and the CAF are both important collections of historic aircraft, and both are worthy of support, ideally the USAF would recognise and support the CAF's efforts in displaying USAF flying heritage, however if CAF supporters continue to publicly bag the NMUSAF, (and therefore the USAF) I suspect such relationships and support will remain lacking.
The CAF itself now formally needs to set the tone on its position in regards to this matter now that the appeal has been handed down, and ensure its supporters dont damage the CAF / NMUSAF relationship to the detriment of the CAF in the longer term.
Obviously being from the other side of the world I dont have any "skin in the game", and are therefore not trying to skew support for one group over the other, but simply commenting on the facts as they seem.
Regards
Mark Pilkington
_________________ 20th Century - The Age of Manned Flight
"from Wrights to Armstrong in 66 years -WOW!"
Last edited by Mark_Pilkington on Fri Nov 13, 2009 4:23 pm, edited 1 time in total.
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