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McANDREW v. LOCKHEED MARTIN CORP.

No. 97-8483.

206 F.3d 1031 (2000)

Robert E. McANDREW, Plaintiff-Counter-Defendant-Appellant, v. LOCKHEED MARTIN CORPORATION, Successor in Interest to Lockheed-Aeronautical Systems Company, a division of Lockheed Corporation, Defendant-Counter-Claimant-Appellee, J.A. Blackwell, Jr., T.A. Graham, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 8, 2000.

Attorney(s) appearing for the Case

Edmund M. Kneisel, William H. Boice, Kilpatrick Stockton, L.L.P., Neal S. Berinhout, Chitwood & Harley, W. Christopher Arbery, Kilpatrick & Cody, L.L.P., H. Lane Dennard, Jr. and Todd David Wozniak, King & Spalding, Richard W. Hendrix, Finch, McCranie, Brown & Thrash, Atlanta, GA, for Defendant-Counter-Claimant-Appellee and Defendants-Appellees.

James L. Ford, The Ford Law Firm, Christopher G. Moorman, James L. Ford, P.C., Atlanta, GA, for Robert E. McAndrew.

Before ANDERSON, Chief Judge, TJOFLAT, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES, BARKETT, MARCUS, WILSON, Circuit Judges, and GODBOLD, Senior Circuit Judge.

MARCUS, Circuit Judge:

This case raises the discrete question of the applicability of the intracorporate conspiracy doctrine to claims arising under 42 U.S.C. § 1985(2) and alleging a conspiracy among corporate officers and the corporation itself to deter by force, intimidation, or threat, an individual from testifying in a court of the United States. These allegations plainly describe criminal conduct in violation of 18 U.S.C. § 1512 and a criminal conspiracy...

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