S.W. Aircraft Inc. v. United States

This case comes before the court on cross-motions for summary judgment. Principally at issue is the interpretation of a "risk of loss” clause in a contract by which Western Helicopter Services, Inc. (Western) subleased a helicopter owned by S. W. Aircraft, Inc. (Aircraft) to the United States Department of Agriculture for use by the *208Forest Service. We resolve the ambiguity in favor of plaintiffs (Western and Aircraft) and therefore, grant their motion for summary judgment.

Facts leading to this law suit start with the agreement of June 28, 1972 between the Forest Service and Western providing…