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FLORIDA POWER & LIGHT CO. v. WESTINGHOUSE ELEC.

No. 77-2448.

579 F.2d 856 (1978)

FLORIDA POWER & LIGHT COMPANY, Appellee, v. WESTINGHOUSE ELECTRIC CORPORATION, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 30, 1978.

Attorney(s) appearing for the Case

John S. Battle, Jr., Richmond, Va. (McGuire, Woods & Battle, Richmond, Va., Robert F. Pugliese, Pittsburgh, Pa., William R. Jentes, Kirkland & Ellis, Chicago, Ill., Alan G. Greer, Sherryll Martens Dunaj, Frates, Floyd Pearson, Steward, Richman & Greer, Miami, Fla., on brief), for appellant.

Alvin B. Davis, Miami, Fla. (Dwight Sullivan, Paul J. Bonavia, Steel Hector & Davis, Miami, Fla., on brief) for appellee.

Before RUSSELL and WIDENER, Circuit Judges, and YOUNG, District Judge.

DONALD RUSSELL, Circuit Judge:

In this action for breach of contract, defendant Westinghouse Electric Corporation (Westinghouse) appeals from an order of the District Court to strike certain of Westinghouse's defenses insofar as those defenses relate to § 2-615 of the Uniform Commercial Code (U.C.C.) (Fla.Stat. § 672.615).1

In 1966 the parties to this action entered into two contracts— a Plant Equipment Contract...

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