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WESTSHIP, INC. v. TRIDENT SHIPWORKS, INC.

No. Civ.A. 99-2435-CIV-T-24F.

247 B.R. 856 (2000)

WESTSHIP, INC., Appellant, v. TRIDENT SHIPWORKS, INC., Appellee.

United States District Court, M.D. Florida, Tampa Division.

April 11, 2000.

Attorney(s) appearing for the Case

Roberta A. Colton, Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, P.A., Tampa, FL, Arthur Charles Neiwirth, Neiwirth & Neiwirth, P.A., Ft. Lauderdale, FL, for Westship Inc., appellant.

Don Mason Stichter, Stichter, Riedel, Blain & Prosser, P.A., Tampa, FL, for Trident Shipworks Incorporated, appellee.

Howard Philip Ross, Anthony Sylvester Battaglia, Battaglia, Ross, Dicus & Wein, St. Petersburg, FL, for Trident Yacht Building Partnership, appellee.

MEMORANDUM AND ORDER

YOUNG, Chief Judge.1

I. Introduction

Westship, Inc. ("Westship") brings this appeal from the decision of the Bankruptcy Court to allow Trident Shipworks, Inc. ("Trident"), the Debtor, to assume a series of leases under 11 U.S.C. § 365 (1999). Westship contends that (1) the leases are not true leases but disguised financing transactions...

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