United States v. Swaney
| Decision Date | 30 December 1939 |
| Docket Number | No. 9106.,9106. |
| Citation | 30 F. Supp. 946 |
| Parties | UNITED STATES v. SWANEY et al. (SWANEY et al., Interveners). |
| Court | U.S. District Court — Western District of Pennsylvania |
Charles F. Uhl, U. S. Atty., and George Mashank, Asst. U. S. Atty., both of Pittsburgh, Pa.
John Duggan, Jr., of Pittsburgh, Pa., and J. K. Spurgeon, of Uniontown, Pa., for defendants and intervenors.
The instant action is an action of replevin brought by the United States to recover a portable airplane hangar. The action as first instituted was not against Daniel B. Swaney and Earl Swaney, but they intervened and were the only defendants who appeared in the defense. Upon trial the Court gave binding instructions in favor of the United States, but reserved defendants' point requesting binding instructions in their favor.
The hangar in question had a frame of pre-fabricated structural steel covered with corrugated iron and was bolted to concrete piers which were attached to the ground. It was so constructed that it could be dismembered and taken from one location to another, being of a type in common use by the United States Army. It was located upon a field, known as Burgess Field, in Georges Township, Fayette County, Pennsylvania, which had been used as an airport by the United States for some years prior to suit.
On November 10, 1925, this field was leased to the Uniontown Chamber of Commerce, an unincorporated body. The person signing the lease was Jesse J. Swaney. On May 21, 1926, the Chamber of Commerce, by its president and secretary, subleased the field to the United States to use as an airport. In this lease, as in other sub-leases mentioned later, it was provided that the United States could remove any buildings placed upon the premises at the end of the lease.
On June 15, 1926, Jesse J. Swaney signed a lease of the property to the Uniontown Chamber of Commerce for a five-year period, with right to sub-lease to the United States for a landing field and to erect such buildings as were necessary for the purpose. On September 28, 1926, the Uniontown Airport Corporation was organized under the laws of the State of Delaware, and on the following day the Chamber of Commerce assigned its leases and interest in the field to it. On August 15, 1928, the Airport Corporation re-subleased the field to the United States, and under renewals of this lease the United States occupied it until June 30, 1931.
On April 18, 1931, Ewing B. Swaney and Jesse J. Swaney signed a lease of the field to the Airport Corporation, and on June 26, 1931, that Corporation sub-leased to the United States. Under the renewal clause of the lease the United States Army occupied the field until June 30, 1936, when it gave notice of termination of its lease. Before termination, the removal of the hangar was discussed with Jesse J. Swaney, who offered to purchase it, and agreed that it remain upon the...
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