Court Rules In Favor Of USAFM, But CAF Promises To Appeal

A vertiable dogfight is playing out between the Commemorative Air Force (CAF) and the United States Air Force Museum, with both sides going to court to determine which entity owns a unique World War II/Korean War-era F-82 "Twin Mustang."

The dispute between the CAF and the United States Air Force Museum (USAFM) centers on the ownership of the F-82. The CAF believes -- and says it has documentation to prove -- that the F-82 belongs to them. The USAFM thinks otherwise... and the US District Court, Southern District of Ohio Western Division, ruled in the USAFM's favor on July 1.

CAF President Stephan Brown promised to appeal the ruling.

"To say we’re surprised and disappointed at this ruling is a monumental understatement," Brown said. "We’re surprised the trial judge failed to address a mountain of factual evidence -- including the Air Force’s own documents proving the CAF’s ownership -- and, frankly, disappointed in how the USAFM has handled this entire situation. We must continue to fight for what is right, in honor of the veterans who built, maintained and fought in these WWII airplanes. We will appeal."

Brown referenced extensive documentation that chronicles the history of the F-82. It begins in 1966, when the CAF (then known as the "Confederate Air Force") founder Lloyd Nolen reached agreement with the Air Force to transfer physical possession of the F-82 to the CAF through a "Donation Certificate." The certificate contained stipulations regarding the airplane’s eventual return.

However, in 1968, the Air Force confirmed the CAF’s request to fly the airplane and executed a "Transfer Certificate," which stated "This will certify that F-82B aircraft Air Force serial number 44-65162 has been officially donated by the Air Force to the (CAF), Mercedes Texas, under the provisions of 10 USC 2572." 

The certificate also included authorization to move this aircraft from Kelly AFB to the CAF’s then-headquarters in Mercedes, Texas. A cover letter for the Transfer Certificate included the following: "Attached is transfer certificate which you requested to establish title to the subject aircraft for the purpose of obtaining FAA certification and license for the operation of this aircraft."

"These documents provide clear and conclusive proof that the Air Force leadership in 1968 donated unconditionally this F-82 to the CAF," Brown said emphatically. "The Air Force also referenced the CAF’s intentions to title and register the aircraft with the FAA as a CAF-owned aircraft. As they had in 1966, the Air Force could have placed revisionary conditions on this aircraft but they did not. Instead, they clearly made the decision to donate the aircraft to the CAF, without any revisionary conditions or restrictions."

The CAF flew this F-82 throughout the 1970s and ‘80s until it was damaged in a 1986 accident. During that period, the F-82 performed at hundreds of air shows around the country, educating hundreds of thousands of adults and children about the Army Air Corps heroes of the WWII era through flying and static displays.

"We have always enjoyed the best of relationships with the Air Force," Brown continued. "It has always been our honor to educate the Next Generation on behalf of the Greatest Generation. The Air Force was well aware that this airplane was flying during this time frame. It wasn’t until 2002 that the Air Force exhibited any interest, control or reference upon the disposition of this aircraft, in direct contrast to other aircraft that they have loaned to our museum and others in later years. All of those aircraft are checked upon annually. To me, this underscores the point that this aircraft was viewed by the Air Force as unconditionally and permanently donated to the CAF."

In December 2002, MG (ret.) Charles Metcalf, Director of the USAFM, sent a letter to the CAF claiming the United States Air Force Museum had revisionary interest on this airplane and demanded its returned. Prior to that time, efforts had been expended to identify potential CAF member-sponsors willing to financially support the restoration of the F-82. Before that effort reached fruition, the CAF had an opportunity to exchange the F-82 for another rare Warbird: a P-38 "Lightning." Metcalf learned of the CAF’s exchange idea through an article in Air Classics magazine and initiated attempts to reclaim the F-82.

"For more than 30 years, the Air Force was aware that this aircraft was being flown and operated by the CAF," said Chairman of the CAF Board of Directors, Bill Coombes. "Each year the CAF Airpower Museum (AAHM) receives a loan form LA 1026 to confirm annual renewable loans of USAFM aircraft for static display. In these reports, the F-82 was never listed nor was its condition inquired about in any other document or conversations between USAFM and CAF personnel. Imagine our surprise when, in 2006, we received our annual inquiry on Air Force loaned aircraft and the F-82 magically appeared for the first time since we began participating in the loan program, which was 1993."

Brown said the CAF has done all it can to work out the dispute.

"For five years, we have quietly tried to work this out with Gen. Metcalf and the USAFM," he explained. "During this time, we have located a financial sponsor who will enable us to get the F-82 back in the air. The last thing we wanted to do was to get in a public dispute with the U.S. Air Force – a branch of our military that our members honor weekly at air shows around the country. Unfortunately, it seems this is a dispute with one man – not the United States Air Force and the proud men and women who serve in its ranks. But that one man seems to be abusing the resources and power of his position to try and take back that which was unconditionally given by his predecessors. Effectively grounding such a proud veteran of the skies is unfathomable to me and thousands of Warbird enthusiasts across the country and around the world, whose motto is - Keep ‘em Flying!"

Brown said he and the CAF will do everything possible to prevent that from happening.

"Our membership – near 9,000 strong – has worked for 51 years to save vintage military aircraft, commonly known as ‘warbirds,’ from dereliction and destruction," Brown concluded. "Individually and collectively, CAF member-volunteers have spent tens of millions of dollars and worked hundreds of thousands of man-hours in order to keep these rare and historic aircraft flying. It appears the Air Force is now using their human and financial resources to prevent the CAF from maintaining and operating an historic airplane that was given to the CAF 40 years ago by the Air Force. It’s truly a sad day when a non-profit, volunteer-based organization such as the Commemorative Air Force (CAF) has to fight the United States Air Force in order to preserve our ability to keep these heroes of our nation’s history flying."

FMI: www.commemorativeairforce.org, www.wpafb.af.mil/museum/