United States v. H & S Realty Co., Etc.
Court of Appeals for the First Circuit
1Opinion of the Court
COFFIN, Circuit Judge.
In this meticulously briefed appeal, the parties have presented a vast array of authorities favoring and disfavoring the capacity of a guarantor to waive the commercial reasonableness requirement of section 9-504(3) of the Uniform Commercial Code, Me.Rev.Stat.Ann. tit. 11, § 9-504(3). The question of a guarantor’s ability to waive is one not specifically addressed by the drafters of the U.C.C. and has predictably generated a diversity of respectable views. The district court has addressed the issues in a thoughtful and extensive opinion, 647 F.Supp. 1415. We affirm…
2Cases cited12 opinions
- Atlas Thrift Co. v. HoranCalifornia Court of Appeal · 1972
- United States Ex Rel. Small Business Administration v. MorrisDistrict Court, E.D. Pennsylvania · 1981
- Ford Motor Credit Co. v. LototskyDistrict Court, E.D. Pennsylvania · 1982
- Camden National Bank v. St. ClairSupreme Judicial Court of Maine · 1973
- Wiener v. Van WinkleCalifornia Court of Appeal · 1969
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3Cited by25 opinions
- Federal Deposit Insurance Corporation, in Its Corporate Capacity as Liquidator of First State Bank Pflugerville v. Jerry S. PayneCourt of Appeals for the First Circuit · 1992
- Great Southwest Life Insurance Co. v. FrazierCourt of Appeals for the Ninth Circuit · 1988
- Gambo v. Bank of MarylandCourt of Special Appeals of Maryland · 1994
- May v. Women's Bank, N.A.Supreme Court of Colorado · 1991
- Borg-Warner Acceptance Corp. v. JohnstonCourt of Appeals of North Carolina · 1990
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