WIX Archives

Re: Lend Lease Act

Posted by MickM on Sun Sep 09, 2001 06:39:54 PM

In reply top Re: Lend Lease Act posted by jcw on Sun Sep 09, 2001 05:21:18 PM


Thanks for that jcw.
I have already had a reply at The Hog Board from Chris Livingston, and I have pasted it here for other people to comment.
I will be pasting a further reply from David Burke at the Flypast forum...in a minute.
I hope you don't mind Chris or David, it might encourage others to join in, and I feel it's better to have the info in one place?
If there is any further info you can find out relating to this subject Chris, it would be most welcome.


Reply from Chris:-
All I can tell you is, do NOT touch ANY United States Navy or Marine Corps airplane from World War 2, or any other era, that they still retain title to. Some people have been able to cut deals, though, in return for services, like the F4Fs and SBDs pulled out of the Great Lakes; I know a guy who has one of the SBDs. The USAF/USAAF may be a different story. I was an observer at the oral argument before the US Court of Appeals for the Eleventh Circuit in the Devastator case, and subsequently read the opinion, which I can't remember the cite for but it is on the Net if you go to www.law.emory.edu, and go through the federal courts finder, and do a search with "Devastator" or "TBD" case. The government lawyer passed along the Navy's official position that they do not want anyone messing with their airplanes even if said airplanes are 2000m underwater and corroding to nothing and there are no plans or budgets to restore it. That is what the appeals court ruled. The lawyer for the warbird salvors, in my opinion, did not do as good a job as I would have done, but even I might not have won that one. I don't know how Lend-Lease will affect that analysis. I suppose I should try to look up the applicable statutes next time I have a minute at the law library.

Chris Livingston


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