United States Eighth Circuit

In a dispute over the possession of a historic steam locomotive currently displayed by defendant-county at a museum, a decision rejecting plaintiff's claims for replevin and specific performance is remanded for further proceedings where, because the district court did not address the express or implied bailment of the locomotive for an indefinite period, the absence of any other written contract governing the loan and defendant's possession cannot alone resolve plaintiff's action in replevin.

Appellate Information

• Decided 08/14/2007
• Published 08/14/2007

Judges

• BRIGHT, Circuit Judge., Before MURPHY, BRIGHT, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Joseph A. O'Brien, argued, Clarks Summit, PA, Karoline Mehalchick, on the brief, for appellant.


• For Appellees:
  
• Robert C. Moore, Assistant County Counselor, argued, Clayton, MO, for appellee.