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SECRETARY, U.S. AIR FORCE v. COMMEMORATIVE AIR FORCE

No. 08-4084.

585 F.3d 895 (2009)

SECRETARY OF UNITED STATES AIR FORCE, Plaintiff-Appellee, v. COMMEMORATIVE AIR FORCE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 2, 2009.

Attorney(s) appearing for the Case

ARGUED: Garry L. Montanari, Michealis, Montanari & Johnson, P.C., Westlake Village, California, for Appellant. Patrick D. Quinn, Assistant United States Attorney, Dayton, Ohio, for Appellee. ON BRIEF: Garry L. Montanari, Michealis, Montanari & Johnson, P.C., Westlake Village, California, Jerry Alan Eichenberger, Eichenberger & Buckley, LPA, Dublin, Ohio, for Appellant. Patrick D. Quinn, Assistant United States Attorney, Dayton, Ohio, for Appellee.

Before: KENNEDY and ROGERS, Circuit Judges; HOOD, District Judge.

OPINION

ROGERS, Circuit Judge.

The Commemorative Air Force appeals the district court's order granting summary judgment for the Secretary of the United States Air Force, denying the CAF's motion for summary judgment, and terminating this action for title to a historic fighter aircraft. The USAF filed suit in the district court below for breach of contract, replevin, and a declaratory judgment that the CAF violated the terms of a 1966 donation certificate...

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