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Whittington v. Indianapolis Motor Speedway Foundation, Inc.

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ARGUED DECEMBER 11, 2009

Before BAUER, RIPPLE, and KANNE, Circuit Judges.

Reginald Whittington sued the Indianapolis Motor Speedway Foundation, Inc. (“Foundation”) for tortious conversion and replevin of a 1979 Kremer Racing Porsche 935 K3 automobile, which is on display at the Foundation’s Hall of Fame Museum. Whittington delivered the racing car to the Foundation in the early 1980s and sought its return in 2004. Whittington claimed that he loaned rather than donated the car to the Foundation, and thus is entitled to have it returned. The Foundation refused to return the car because it says the car was a donation in kind from Whittington and his brother. The district court found that Whittington’s post-transaction behavior was more consistent with the car being a gift rather than a loan, and that he failed to prove that he had a possessory interest in the car in 2004. Accordingly, the court held that his claims for tortious conversion and replevin failed. We affirm.

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