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HENRY v. TEXTRON, INC., ETC.

Nos. 77-1888, 77-1889, 77-2010 and 77-2011.

577 F.2d 1163 (1978)

Nadia B. HENRY, Administratrix with the Will Annexed of the Estate of James Howard Henry, Deceased, Plaintiff, v. TEXTRON, INC., BELL HELICOPTER TEXTRON, a division of Textron, Inc., Appellant, v. The VIRGINIA NATIONAL GUARD and its Adjutant General, the Commonwealth of Virginia, Appellees, and The United States of America, Third-Party Defendant. Elmer W. RAMSEY, Administrator of the Estate of Philip R. Ramsey, Deceased, Plaintiff, v. TEXTRON, INC., BELL HELICOPTER TEXTRON, a division of Textron, Inc., Appellant, v. The VIRGINIA NATIONAL GUARD and its Adjutant General, the Commonwealth of Virginia, Appellees, and The United States of America, Third-Party Defendant. Nadia B. HENRY, Administratrix with the Will Annexed of the Estate of James Howard Henry, Deceased, Plaintiff, v. TEXTRON, INC., BELL HELICOPTER TEXTRON, a division of Textron, Inc., Appellant, v. The UNITED STATES of America, Appellee, and The Virginia National Guard and its Adjutant General and the Commonwealth of Virginia, Third-Party Defendants. Elmer W. RAMSEY, Administrator of the Estate of Philip R. Ramsey, Deceased, Plaintiff, v. TEXTRON, INC., BELL HELICOPTER TEXTRON, a division of Textron, Inc., Appellant, v. The UNITED STATES of America, Appellee, and The Virginia National Guard and its Adjutant General and the Commonwealth of Virginia, Third-Party Defendants.

United States Court of Appeals, Fourth Circuit.

Decided June 29, 1978.

Attorney(s) appearing for the Case

Carroll E. Dubuc, Washington, D. C. (Haight, Gardner, Poor & Havens, Temple L. Ratcliffe, New York City, William B. O'Connell, Jr., Arlington, Va., on brief), for appellant.

Robert P. Kyle, Asst. Atty. Gen., Richmond, Va. (Anthony F. Troy, Atty. Gen. of Virginia, Richmond, Va., and John Cordes, Atty. Dept. of Justice, Washington, D. C., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, BUTZNER, Circuit Judge and WARRINER, District Judge.

HAYNSWORTH, Chief Judge:

Bell Helicopter Textron was sued by the estates of two former pilots of the Virginia National Guard, who were killed when a helicopter, manufactured by Bell Textron, crashed. Bell Textron had sold the helicopter to the United States in 1966 which, after using the helicopter for several years, lent the helicopter to the Virginia National Guard. Bell Textron impleaded as third-party defendants the United States, the Commonwealth of Virginia...

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