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AFE 2025 LIVE MOSAIC Town Hall (Archived): www.airborne-live.net

Thu, May 17, 2007

Trial Begins Over A300 Brought Down By Baghdad Insurgents

$200K Investment Had Potential of Turning $10 Million

Chrison Aerospace, based in Middlebury, VT is knee-deep in a lawsuit filed by its former business partner, Colorado firm Pacific Aeromotive Corp., that seeks to expel Chrison from their business relationship of refurbishing an Airbus A300 shot down by insurgents in Baghdad more than three years ago.

Pacific is accusing Chrison of trying to sell components of the aircraft to recover from financial difficulties rather than working to complete the potentially lucrative restoration project. The two companies had joined forces to restore and sell the plane.

Pacific attorney John Sartore said during opening statements in US District Court Tuesday morning a judge could just order the partnership dissolved. Such an action could prompt the auctioning of the plane, parts and equipment that are currently scattered throughout five countries.

"Somebody should have been in control, but unfortunately nobody was, and that's what brings us here today," Sartore said in court, referring to the 50-50 business venture. "It was well-maintained, well-equipped, and it was a valuable aircraft... There was the potential for a high reward, but the risks were obvious."

On the other hand, Chrison's attorney counters the company and its owner, Jack Downey, would prefer to keep the relationship intact and continue working toward the original goal. That plan, said lawyer James Foley Jr., was not simply to fix and resell the plane, but to turn a profit, according to the Burlington, Vermont, Free Press.

Pacific feels Chrison had "taken advantage" of Downey's unique skills in forging relationships with business partners and government agencies, according to Foley.

"The purpose was to make money," Foley said. "From a pessimistic view, now would be a good time to get rid of him. They were in Baghdad, in a war zone, trying to pull an airplane out, taking a flier. The project was changing all the time."

The small companies began their relationship in 2005, shortly after Pacific's owner, Paul Page, purchased the extensively damaged Airbus for $200,000, according to the attorneys' opening arguments. The potential profit was "tremendous" and if plane were to be fully restored, it would more than likely have commanded $7 million to $10 million on the open market, Sartore said.

Should the judge simply end the partnership, Foley argued, the pieces should be sold in a way to prevent Pacific from buying the components at auction for probable deep discounts.

As ANN reported, the A300 was shot down over Baghdad in November 2003 with a shoulder-fired missile that hit the left wing and fuel tank. The pilots, flying for shipping company DHL, managed to land the crippled aircraft back to Baghdad International Airport in what Sartore called "a stunning feat." The Airbus made a hard landing and skidded off the runway before tearing through open desert and taking out a razor-wire fence.

No one was injured.

Insurers totaled the plane and put it up for sale. The hope was to patch it then fly it to a neutral site to make final repairs before attempting a sale.

Both sides agree the arrangement began to sour last summer after both companies had already invested more than $1 million in the project. The aim of the trial is to establish the reason business went bad and will be decided by Chief Judge William Sessions III rather than a jury.

FMI: www.chrisonaerospace.com, www.projectaircraft.com

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