Legislation on Corsair Transfer of Ownership
House Report 108-767 - RONALD W. REAGAN NATIONAL DEFENSE AUTHORIZATION ACT
FOR FISCAL YEAR 2005 (This specific legislation was attached to HR4200)
SEC. 1083. TRANSFER OF HISTORIC F3A-1 BREWSTER CORSAIR AIRCRAFT.
(a) Authority to Convey- The Secretary of the Navy may convey, without
consideration, to Lex Cralley of Princeton Minnesota (in this section referred
to as `transferee'), all right, title, and interest of the
United States in and to a F3A-1 Brewster Corsair aircraft (Bureau Number 04634).
The conveyance shall be made by means of a deed of gift.
(b) Condition of Aircraft- The aircraft shall be conveyed under subsection (a)
in its current unflyable, `as is' condition. The Secretary is not required to
repair or alter the condition of the aircraft before conveying ownership of the
aircraft.
(c) Conveyance at No Cost to the United States- The conveyance of the aircraft
under subsection (a) shall be made at no cost to the United States. Any costs
associated with the conveyance and costs of operation and maintenance of the
aircraft conveyed shall be borne by the transferee.
(d) Additional Terms and Conditions- The Secretary may require such additional
terms and conditions in connection with a conveyance under this section as the
Secretary considers appropriate to protect the interests of the United States.
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Visiting Congressman Jones to
personally thank him after the bill was passed and the lawsuit finally dropped
in May 2005.
Congressman
Walter B. Jones
Lex (on right) with Attorney Boyd Ratchye, Mary, and Congressman Jones
Congressman Jones is a strong supporter of our military men and
women. It was in his district in North Carolina that the Corsair crashed
in 1944. His help was invaluable in preventing my case from dragging on
for years in Federal Court, with the Naval attorneys admitted intentions of
appealing a case they felt they would lose. (Lex)
The following article is from Congressman Jones' website:
After Jones’ push, the National Defense Authorization Act
bestows ownership of historic Corsair plane to enthusiast who
discovered and restored missing 1944 plane
Washington, DC – Lex Cralley, a citizen who restored a
World War II era Navy Corsair airplane that he recovered from
the woods of Craven County, North Carolina, will soon be
granted full ownership of the plane thanks to efforts by Third
District Congressman Walter B. Jones. The 2005 National
Defense Authorization Act, which was passed by the House of
Representatives on Friday and the Senate on Saturday, included
a provision for ownership transfer of the historic plane to
Mr. Cralley.
After finding the plane in 1991 and restoring it at his own
expense, Cralley attempted to donate the plane to the National
Museum of Naval History. Despite the fact that he was
attempting to donate the plane, the federal government sued
Cralley in March 2004 seeking custody of the plane,
compensation for “damages” to the now fully restored plane,
and the government’s costs of bringing the lawsuit against
him.
Upon hearing of the legal proceedings, Jones wrote in a
letter to Secretary of the Navy, Gordon England, “Think about
it! The government is suing Mr. Cralley for possession of an
airplane the Navy abandoned over 60 years ago. Further, they
are asking for reimbursement for “damages” the aircraft may
have incurred while he was transforming it from a wreck to a
museum showpiece. And, oh - by the way – the government wants
Mr. Cralley to pick up the tab for the unnecessary lawsuit
that the government filed against this taxpayer.”
“This is another example of Big Government unnecessarily
invading our lives. I am thrilled this matter will soon be
resolved once and for all,” Jones said. “Mr. Cralley did us
all a service by salvaging a rare war plane which the public
can appreciate in the future, and now he will no longer be
bogged down in frivolous legal battles with Uncle Sam. This is
just goes to show why the size and power of the federal
government needs to be curbed. I fear that if I had not heard
of Mr. Cralley’s situation, this patriotic American would
still be engrossed in red tape all because he has a passion
for historic aircraft and wanted to save this particlar
Brewster Corsair from extinction.”
The president is expected to sign the 2005 NDAA bill into
law soon, at which time the Corsair plane will officially
belong to Mr. Cralley.
For additional information or to schedule an interview with
Congressman Walter B. Jones please contact Kristen Quigley at
(202) 225-3415. |
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Senator Coleman's support was crucial in introducing my
legislation to the Senate for it's version of HR4200. I thank him for his
help. (Lex)
Senator Norm Coleman (picture and comments from his website)
COLEMAN PRAISES PASSAGE OF DEFENSE AUTHORIZATION BILL; LEGISLATION
INCLUDES PROVISIONS IMPORTANT TO MINNESOTA
Includes Coleman amendment that brings Camp Ripley a
step closer to remobilizing
...In addition, the bill includes a provision supported by Coleman that will
convey to Lex Cralley of Princeton, MN an abandoned World War II aircraft he
recovered in North Carolina that had been the subject of a legal dispute between
Cralley and the Navy. The compromise language, acceptable to both the Navy and
Mr. Cralley, provides a practical solution to Mr. Cralley’s dilemma and allows
him to keep the aircraft he recovered in 1991.
“I am glad we were able to develop a common-sense solution for Mr. Cralley,”
Coleman said. “The Navy has not needed or wanted this plane in decades. I’m
pleased that this bill will help Mr. Cralley hold on to the plane he recovered
and wants to restore.”
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When I first met Boyd, I was feeling pretty
small and alone with no real support in the Federal lawsuit. He has been a
genuine friend and a true class act from the first day. I am sure he saved
a few years of my life by reducing my stress. My heartfelt thanks go out
to this man and the law firm of Bassford Remele. (Lex)
The following information is taken from the Bassford Remele
website.
33 South Sixth Street, Suite 3800, Minneapolis, MN 55402
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Boyd H. Ratchye
Shareholder
612.376.1604
612.333.8829 fax
boydr@bassford.com
Boyd H. Ratchye is an
experienced trial lawyer and a qualified neutral under Rule 114,
Minnesota General Rules of Practice. He is admitted in Minnesota, the
federal district courts of Minnesota and North Dakota, the Court of
Appeals for the Eighth and Federal Circuits, and the U.S. Supreme
Court.
Mr. Ratchye is listed twice in The Best Lawyers in America
(Commercial Banking & Business Litigation, Personal Injury-Aircraft
Manufacturer Defense) and Leading Minnesota Attorneys, and is a
Top 100 Super Lawyer and Best Personal Injury Attorney as selected by
Minnesota Law & Politics.
Mr. Ratchye focuses on cost efficient resolution of claims by trial,
mediation or other ADR. He represents product manufacturers, aircraft
manufacturers and owners, fixed base operators as well as architects,
engineers, lawyers and manufacturers of asbestos and silica containing
products, heavy construction equipment and infant car seats. He has
tried and arbitrated many matters involving AIA contracts and the
scope of work laid out for owners, architect engineers, prime
contractors and subcontractors.
Mr. Ratchye is a member of the Minnesota State, Federal and American
Bar Associations, Burger Inn of Court (Past President, Counselor),
American Board of Trial Advocates (Past President, Minnesota Chapter)
and International Association of Defense Counsel.
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Areas of Practice |
Personal Injury
Products Liability Law
Aviation
Business & Commercial Law
Banking & Finance Law
Professional Negligence: Architect, Engineer, Legal Malpractice |
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Education |
Harvard Law School, Cambridge, Massachusetts
J.D., 1963
Harvard University, Cambridge, Massachusetts
B.A., 1960
Honors: Cum Laude |
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| Certifications/Specialties |
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Qualified Neutral Under Rule 114 of the Minnesota General Rules of
Practice |
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Bar Admissions |
Minnesota, 1964
U.S. District Court District of Minnesota, 1964
U.S. Court of Appeals Eighth Circuit, 1967
U.S. Supreme Court, 1972
U.S. District Court District of North Dakota, 1993 |
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Honors and Awards |
The Best Lawyers in America, 2005-2006 Edition; Each Edition
Beginning in 1987
Business Litigation-for Banking & Commercial Clients
Personal Injury Litigation for Defendants-Products Liability
& Aviation
Top 100 Super Lawyers,
Minnesota Law & Politics Magazine, MPLS.ST.PAUL Magazine
and
Twin Cities Business Monthly, 2001, 2002 and 2005
"Super Lawyer," Minnesota Law & Politics Magazine, 2001 - 2005
"Best Personal Injury Attorney," Minnesota Law & Politics Magazine,
2001
Leading American Attorneys |
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Professional Associations and Memberships |
Warren E. Burger Inn of Court
Counselor 2000-2001; President 1999-2000; Member
American Board of Trial Advocates, Minnesota
Chapter
Member, President, 1990 - 1991
International Association of Defense Counsel
Member
American Bar Association
Member, Various Forums and Committees
Minnesota State Bar Association
Member
Hennepin County Bar Association
Member
Minnesota Defense Lawyers Association
Member |
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Representative Clients |
Atrium Underwriters, Lloyd's of London
Hammel, Green & Abrahamson, Inc.
Mallinckrodt, Inc.
RAYTHEON BEECH
RAYTHEON Cedar Rapids
Simplex Grinnell
TYCO Healthcare
U.S. Bank |
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Classes/Seminars Taught |
Speaker, Litigation Tactics: Problems and Solutions - My Great Ideas
What Never Got Off the Lunching Pad or My Mistakes and What I Learned,
Minnesota CLE, February 22, 2002
Chair, A Lawyer's Guide to Class Actions: What Your Client Needs and
How to Do It, Minnesota Institute of Legal Education, November 8,
2001
Speaker, Working with Clients and Support Staff, New Lawyers
Institute: Nuts and Bolts Seminar, Minnesota State Bar Association,
1999
Panelist, The Turn Coat Witness, International Association of
Defense Counsel, Annual Meeting, 1999
Instructor, Fall Trial Tactics Seminar, National Institute of Trial
Advocacy, Fall - 1997, 1998, 1999, 2000
Speaker, New Development in CGL Insurance: Advertising and Personal
Injury Coverage Under the ISO CGL Policy, Minnesota Institute of
Legal Education, April, 1996 |
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Community Involvement |
Secretary-Treasurer and Board Member, Yellowstone Association
(Presents educational programs on site throughout
Yellowstone National Park) |
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Former Minnesota State Senator Bob Lessard was the
first politician to call and offer his support. We talked for about a half
hour the first night and he remained active behind the scenes throughout the
ordeal. I appreciated his personal kindness and acts to remedy an out of
control big bureaucracy. (Lex)
Senator Bob Lessard
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My thanks also go to former U.S. Senator
Rod Grams from Minnesota who, though at the time was not in office, stepped in
and attempted to mediate and reason with the Navy on my behalf. This was
an act of personal kindness which I find to be indicative of his character.
He did have a hand in the resolution through his behind the scenes actions.
Former U.S. Senator Rod Grams
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My five greatest supporters!
My family at Oshkosh Warbirds Awards' Banquet 2005.
photo by Dick Phillips
Just a brief moment in the weeklong procession of viewers and supporters. These
are among the unknown to me, who did vocalize their sentiments against Naval
policies (with emails, phone calls and letters to Congress, Secretary of the
Navy, etc.) dooming this aircraft and others to destruction by neglect. My
thanks go out to all of you. (Lex)
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