CHANDLER LEAS. DIV., ETC. v. FLORIDA-VANDERBILT DEV. CORP.

No. 72-1383 Summary Calendar.

464 F.2d 267 (1972)

CHANDLER LEASING DIVISION, PEPSICO SERVICE INDUSTRIES LEASING CORPORATION, Plaintiff-Appellant-Cross-Appellee, v. FLORIDA-VANDERBILT DEVELOPMENT CORPORATION, formerly known as Florida Realty Co., and Harold J. Baker, individually, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 22, 1972.


Attorney(s) appearing for the Case

John L. Britton, Miami, Fla., for plaintiff-appellant-cross-appellee.

William E. Sadowski, Thomas B. DeWolf, Miami, Fla., for defendants-appellees-cross-appellants.

Before BELL, DYER and CLARK, Circuit Judges.


CLARK, Circuit Judge:

This appeal by plaintiff, Chandler Leasing Division of Pepsico Service Industries Leasing Corporation (Chandler), and cross-appeal by defendant, Florida-Vanderbilt Development Corporation (Florida-Vanderbilt), involves the validity of the defense of breach of warranty of seaworthiness and the proper measure of damages for an admitted breach of a written lease agreement covering a 55 foot yacht. The facts are not in dispute, but the admiralty...

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