CALIFORNIA AIRMOTIVE CORPORATION v. JONES

No. 19228.

415 F.2d 554 (1969)

CALIFORNIA AIRMOTIVE CORPORATION, Plaintiff-Appellee, v. C. W. JONES et al., etc., Defendants-Appellants.

United States Court of Appeals Sixth Circuit.

September 12, 1969.


Attorney(s) appearing for the Case

J. Daniel Kilcoyne, Dayton, Ohio (Sharts, Singer & Brown, by Robert M. Brown, Dayton, Ohio, on the brief), for appellants.

Jacob A. Myers, Dayton, Ohio (Kusworm & Myers, by Jacob A. Myers, Dayton, Ohio, on the brief), for appellee.

Before PHILLIPS, CELEBREZZE and PECK, Circuit Judges.


CELEBREZZE, Circuit Judge.

This is an appeal from the granting of a summary judgment in the District Court. The original action was commenced by Appellee to recover the balance due upon a conditional sales contract for a Douglas DC7-B Model aircraft.

Appellee filed a motion for summary judgment after presenting affidavits and exhibits to show that Appellants had defaulted on their payments under the sales contract and voluntarily returned the aircraft. The...

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