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MAGUIRE v. HUGHES AIRCRAFT CORP.

No. 89-5970.

912 F.2d 67 (1990)

Edward J. MAGUIRE, III, Appellant, v. HUGHES AIRCRAFT CORPORATION, Allison Gas Turbine Company Division of General Motors Corporation, MPB Corporation, John Doe, Inc. (a Fictitious Name for a Corporation), Richard Roe Associates (a Fictitious Name for an Entity Other Than a Corporation), and XYZ, Inc. or ABC Associates (Fictitious Names for the Manufacturer of the Engine and/or Power Plant Components of a Certain Hughes Aircraft Corporation OH-6A Army Scout Single Engine Helicopter), Jointly, Severally or in the Alternative. ALLISON GAS TURBINE DIVISION OF GENERAL MOTORS CORPORATION, Defendant/Third Party Plaintiff, v. MPB CORPORATION, Third Party Defendant.

United States Court of Appeals, Third Circuit.

Decided August 23, 1990.

Rehearing and Rehearing Denied October 5, 1990.

Attorney(s) appearing for the Case

Saul J. Steinberg, Steinberg and Ginsberg, Voorhees, N.J., for appellant.

Anthony J. Andolino, Gallo, Geffner, Fenster, Turitz & Harraka, Hackensack, N.J., for MPB Corp.

Raymond J. Tierney, Jr., Theodore S. Smith, Shanley & Fisher, P.C., Morristown, N.J., for Allison Gas Turbine Div. of General Motors Corp.

Before HUTCHINSON and NYGAARD, Circuit Judges, and VANARTSDALEN, District Judge.

Submitted Under Third Circuit Rule 12(6) July 10, 1990.

Rehearing and Rehearing In Banc Denied October 5, 1990.

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

In this appeal, we must decide whether the district court correctly granted summary judgment in favor of a military contractor and its subcontractor under the government contractor defense that the Supreme Court reformulated in Boyle v. United Technologies Corp.,

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