Legal Opinion
Westinghouse Electric Corp. v. Dyer
Court of Appeals for the Fifth Circuit
Decided October 17, 1974No. 73-1065PublishedCited by 3 opinions
1Opinion of the Court
JOHN R. BROWN, Chief Judge:
Proving that the odds are not always in favor of the track, this and the companion case1 involved not one, but two, Chapter X bankruptcy reorganization proceedings of Seminole Downs Race Track. In pedestrian, not equestrian, terms the question is whether the 1955 lease contained, as the 1967 Florida UCC requires a written “consent” or “disclaimer” by the landlord to the fixtures security reserved for the 1970 installation by Westinghouse of the people-moving facilities of an escalator and elevator in the race track clubhouse-grandstand. Since our negative answer…
2Cases cited4 opinions
- Excavators & Erectors, Inc. v. Bullard Engineers, Inc.Court of Appeals for the Fifth Circuit · 1973
- Blackburn v. StateArizona Supreme Court · 1927
- Taylor v. Ferroman Properties, Inc.Supreme Court of Florida · 1931
- In the Matter of Country Lad Foods, Inc., Bankrupt. Marion B. Stokes, Trustee v. First Georgia BankCourt of Appeals for the First Circuit · 1974
3Cited by3 opinions
- In The Matter Of Seminole Park And Fairgrounds, Inc.Court of Appeals for the First Circuit · 1974
- Sears, Roebuck & Co. v. Bay Bank & Trust Co.District Court of Appeal of Florida · 1989
- Dyer v. First National BankCourt of Appeals for the Fifth Circuit · 1974