United States v. Ford

Senior Judge BLOMMERS

(dissenting):

I find no reason under the law to take as restrictive a view of the term “military property” as my brothers do in this case. I therefore dissent. In my judgment, the better approach would be to resolve a question as to the property’s status, military or nonmilitary, on a case-by-case basis, rather than carve out an entire class of property and define it as “nonmilitary” just because such property does not derive its existence from “funds appropriated by Congress” and is being held by a Nonappropriated Fund Instrumentality (NAFI) for its exclusive use. That is…