DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
172399P.pdf 09/14/2018 National Music Museum v. Larry Moss
U.S. Court of Appeals Case No: 17-2399
U.S. District Court for the District of South Dakota - Sioux Falls
[PUBLISHED] [Wollman, Author, with Arnold and Kelly, Circuit Judges]
Civil case - Contracts. The district court correctly determined that the
Museum is the legal owner of a Martin D-35 guitar Elvis Presley played
during his final tour in 1977; the district court correctly refused to
give preclusive effect to a judgment in a Tennessee suit between defendant
Moss and the donor of the guitar, as the Museum was not a party to that
action and was not in privity with the donor because the donor had already
delivered the guitar to the Museum at the time Moss commenced the
Tennessee action; under Tennessee law, Moss never acquired title to the
guitar because it was never delivered to him.