Bond
Fletcher Aircraft Co. v. Bond
Opinion
lead Opinion
Hauk, J.
MEMORANDUM OPINION
ORDERING JUDGMENT FOR DEFENDANTS ON THE PLEADINGS, WITHOUT PREJUDICE
Plaintiff, Fletcher Aircraft Company brings the above entitled action for an injunction and declaratory judgment against the defendant employees of the Federal Aviation Administration, who move for judgment on the pleadings.
Fletcher Aircraft Company is the assignee of Sargent-Fletcher Company of an F.A.A. Aircraft Type Certificate (hereafter referred to as “TC”) authorizing the manufacture or importation of aircraft into the United States, under and by virtue of an assignment dated December 6, 1976. A TC is issued to an applicant by the F.A.A. and only one certificate is issued to a manufacturer for any particular design or type of aircraft. 14 C.F.R. Subpart B, Sections 21.-11 ff. 1
*51 A TC may be wholly transferred or made available to third persons by licensing agreements. The TC, on its reverse side, contains a space for a transfer endorsement, to be signed by the holder and surrendered to the F.A.A. which then issues a new certificate to the transferee.
The central issue in this case, as raised by the complaint and motion for judgment on the pleadings, is who is the rightful holder…