Legal Opinion

Philko Aviation, Inc. v. Shacket

Supreme Court of the United States

Decided June 15, 1983No. 82-342PublishedCited by 112 opinions

1Opinion of the CourtJustice White

This case presents the question whether the Federal Aviation Act of 1958 (Act), 72 Stat. 737, as amended, 49 U. S. C. § 1301 et seq. (1976 ed. and Supp. V), prohibits all transfers of title to aircraft from having validity against innocent third parties unless the transfer has been evidenced by a written instrument, and the instrument has been recorded with the Federal Aviation Administration (FAA). We conclude that the Act does have such effect.

On April 19, 1978, at an airport in Illinois, a corporation operated by Roger Smith sold a new airplane to respondents. Respondents, the Shackets,…

2Cases cited12 opinions

  1. Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
  2. Jones v. Rath Packing Co.Supreme Court of the United States · 1977
  3. Pacific Gas & Electric Co. v. State Energy Resources Conservation & Development CommissionSupreme Court of the United States · 1983
  4. Lawson v. Suwannee Fruit & Steamship Co.Supreme Court of the United States · 1949
  5. In the Matter of Gary Aircraft Corporation, Debtor. Gary Aircraft Corporation v. General Dynamics CorporationCourt of Appeals for the Fifth Circuit · 1982

7 more not listed; retrieve them via the Exa API.

3Cited by112 opinions

  1. Northwest Austin Municipal Utility District Number One v. HolderSupreme Court of the United States · 2009
  2. 20 Collier bankr.cas.2d 19, Bankr. L. Rep. P 72,385, 7 Ucc rep.serv.2d 656 in Re Bellanca Aircraft Corporation, Debtor (Three Cases). Edward W. Bergquist, Trustee of the Bankruptcy Estate of Bellanca Aircraft Corporation v. Anderson-Greenwood Aviation Corp., a Texas Corporation Anderson Greenwood & Co., a Texas Corporation, (Two Cases). Edward W. Bergquist, Trustee of the Bankruptcy Estate of Bellanca Aircraft Corporation v. Anderson-Greenwood Aviation Corp., a Texas Corporation Anderson Greenwood & Co., a Texas CorporationCourt of Appeals for the Eighth Circuit · 1988
  3. People Ex Rel. Deukmejian v. County of MendocinoCalifornia Supreme Court · 1984
  4. Bergquist v. Anderson-Greenwood Aviation Corp. (In Re Bellanca Aircraft Corp.)United States Bankruptcy Court, D. Minnesota · 1985
  5. In Re J. Catton Farms, Inc., Debtor-Appellant v. The First National Bank of ChicagoCourt of Appeals for the First Circuit · 1985

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