Quote:
me109me109 » Sun Nov 15, 2009 2:23 pm
Jesse, not "Nuff said"... The DONATION of the aircraft TO the CAF has No limitations/restrictions etc. I just want to make sure people know that the "fact" you just threw out there was incorrect. It was an outright donation within the documents we possessed. If we had the government paying our bills, home court advantage, etc we would have won.
saying so doesnt make it true! I agree with Jesse, you may not agree with, or like the decision but thats what was determined twice by court.
I read the judge's reasons for the decision in the original court case, (when provided the link here on wix) where he dealt with all of the evidence, the court decision concluded the "donation of the aircraft to the CAF DID have limitations and restrictions, that was the very basis of the court decision!
I havent read the decision from the appeal but I assume there was no additional evidence submitted?, and I assume the result reflects the same assessment of the original evidence, resulting in the NMUSAF being determined to still own the aircraft and enforce its return under the terms of the conditional donation.
I can understand the CAF's frustration, the "donation" has so many conditions that it really more correctly a "conditional indefinate loan", and arose so far back in time that record keeping, and formal terms and conditions were poorly explained or understood? or enforced, perhaps on both sides.
But the case has been to court twice, and the NMUSAF's claim upheld each time, its not the fault of one man, he wouldnt be progressing without the supporting views of lawyers, and wouldnt be winning if the evidence didnt support the NMUSAF claim. Although on that topic, there is always at least one side in a court whose lawyers turn out to be totally wrong in their opinions when the decision is handed down, and despite one side's clients loosing, the lawyers always win.
While there are large and ongoing cases where clever legal two stepping has evidence ruled out, or biasing of juries, or simply through running many expensive retrials and appeals one side can exhaust the funds of another, denying "their day in court", in this relatively simple case, the CAF itself chose to appeal, and the appeal apparantly went through to a decision?
In this simple case it really doesnt help the cause to rely on emotional "we was robbed" claims of being outgunned by $$ for lawyers, or some bias in the state based legal systems, (if you honestly think the US legal system is that "corrupted" then you have bigger problems to worry about than the ownership of a P-82?)
Can anyone post a link (or copy/paste) the appeal judges reasons behind his decisions? to allow logical debate on the "facts" as presented in court?
Hopefully the CAF will clear the air by formally stating its position on the matter as either accepting the courts decision, or advising an intent to appeal on valid legal grounds.
Both of these organisations are doing great work preserving aviation heritage, and its a pity the USAF doesnt provide more support to the CAF given the number of people who see USAF heritage through the CAF's efforts, however ongoing "slagging off" at "The General", wont do anything to heal the rift, or help other MNUSAF/CAF "loans" let alone any new deal with the P-82?
regards
Mark Pilkington