Kern Copters Inc., a Corporation v. Allied Helicopter Service, Inc., a Corporation

On October 4, 1955, a helicopter owned and operated by the United States Army crashed in the jungle about 36 miles north of Coban, Guatemala. The Army retrieved certain parts of the helicopter, but made no effort to recover the remainder, which, by 1957, still lay in the jungle. During 1957 appellant and appellee were conducting helicopter operations in Guatemala, both knew of the crash, and both now claim title to the wreck. Appellant is a California corporation and appellee is a Delaware corporation. Jurisdiction in the District Court was based on 28 U.S.C.A. § 1332 and in this Court on 28 U.S.C.A. § 1291 .

Appellant’s claim is based on a contract with the Property Disposal Officer of the Caribbean Command, United States Army. The events leading to this contract may be briefly summarized. On February 14, 1957, appellant wrote the Congressman from its district, inquiring as to the proper procedure to obtain title to the helicopter. The Congressman replied on March 18, 1957, enclosing a letter from Lieutenant Colonel Peeples, who was serving in the Office of the Chief of Legislative Liaison. The Colonel’s letter, dated March 15, 1957, was written in response to the Congressman’s…