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Essay / Research Paper Abstract
This 5 page paper examines the Iowa Appellate Court case “Benjamin v. Lindner Aviation, Inc., a 1995 ruling that turns on the definition of found property. Bibliography lists 1 source.
Page Count:
5 pages (~225 words per page)
File: D0_HVBenLin.rtf
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Unformatted sample text from the term paper:
The case, very briefly, involved a dispute over the ownership of found property. The relevant facts of the case are these: An employee of Lindner Aviation, Inc., one Heath Benjamin,
did an inspection on a small private aircraft and found approximately $18,000 in cash concealed in its wing. At the time of the inspection, the plane had been repossessed by
State Central Bank, which was the owner; and Lindner Aviation was responsible for servicing it. All three entities (Benjamin, Lindner Aviation and State Central Bank) "claimed the money as against
the true owner" (Benjamin v. Lindner Aviation, Inc., 1995). The District court, which first heard the case, awarded Benjamin a finders fee; he sued both the bank and Lindner Aviation,
stating that he should get all the money since he found it. The main points in the case then are have to do with ownership of found property. The procedural
history is fairly straightforward. Two days after he found the money, Benjamin "filed an affidavit with the county auditor claiming that he was the finder of the currency under the
provisions of Iowa Code chapter 644 (1991)" (Benjamin v. Lindner Aviation, Inc., 1995). Lindner Aviation and the bank filed similar claims; no one came forward to claim the money with
the prescribed time (a year), and at that point, Benjamin filed "this declaratory judgment against Lindner Aviation and the bank to establish his right to the property" (Benjamin v. Lindner
Aviation, Inc., 1995). The parties "tied the case to the court" and the District Court held that the money was "mislaid property" and that it belonged to the bank, though
it did award Benjamin a 10% "finders fee" (Benjamin v. Lindner Aviation, Inc., 1995). Benjamin appealed the District Courts ruling to the Iowa Appellate Court, claiming that "under the common
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