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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.