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RODRIGUEZ v. LOCKHEED MARTIN CORP.

No. 10-15813.

627 F.3d 1259 (2010)

Stephanie RODRIGUEZ, individually and as Guardian Ad Litem of J.C., a minor; Samuel Oyola-Perez; Julius Riggins; Nilda Meyer, individually and as Personal Representative of the Estate of Wilfredo Dayandante, Plaintiffs-Appellees, v. LOCKHEED MARTIN CORPORATION; Alexis International, Inc.; Commonwealth Aluminum Sales Corporation; John Doe Corporation, Defendants, and General Dynamics Armament and Technical Products, Inc., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 30, 2010.

Attorney(s) appearing for the Case

Peder K. Batalden (argued) and Lisa Perrochet of Horvitz & Levy LLP, Encino CA; J. Stan Sexton and Gregory L. Fowler of Shook Hardy & Bacon, LLP, Kansas City, MO; James J. Yukevich of Yukevich Calfo & Cavanaugh, Los Angeles, CA; and Edmund Burke and John Reyes Burke of Burke McPheeters Bordner & Estes, Honolulu, HI, for defendant-appellant General Dynamics Armament and Technical Products, Inc.

Ward K. Brown (argued) and David E. Larson of Withers, Brant, Igoe & Mullennix, P.C., Liberty, MO; and Dennis E.W. O'Connor, Jr. of O'Connor Playdon & Guben LLP, Honolulu, HI, for plaintiff-appellees Stephanie Rodriguez, Julius Riggins, Samuel Oyola-Perez, Nilda Meyer, individually and as personal representative of the estate of Wilfredo Dayandante.

Jonathan M. Hoffman and Joan L. Volpert of Martin Bischoff Templeton Langslet & Hoffman, LLP, Portland, OR, for amicus curiae The Product Liability Counsel.

Before: SUSAN P. GRABER, CONSUELO M. CALLAHAN, and CARLOS T. BEA, Circuit Judges.

OPINION

CALLAHAN, Circuit Judge:

Defendant-appellant General Dynamics Armament and Technical Products, Inc. ("General Dynamics"), seeks to appeal from the district court's denial of its summary judgment motion in an action arising from the premature explosion of a mortar cartridge manufactured by General Dynamics during an army training exercise in Hawaii.1 The explosion killed Oscar Rodriguez and injured Samuel Oyola-Perez,...

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