ARNOLD v. EASTERN AIR LINES, INC.

Nos. 80-1245 to 80-1247 and 80-1334.

712 F.2d 899 (1983)

Richard ARNOLD, IV, Appellee, v. EASTERN AIR LINES, INC., Appellant, v. UNITED STATES of America, Appellee. Francis C. MIHALEK, Appellee, v. EASTERN AIR LINES, INC., Appellant, v. UNITED STATES of America, Appellee. Helen Rae WESTON, as Executrix of the Estate of Lewis M. Weston, deceased, Appellee, v. EASTERN AIR LINES, INC., Appellant. The AETNA CASUALTY AND SURETY COMPANY; Aetna Insurance Company; American Empire Insurance Company; Commercial Union Insurance Company; Compagnies D'Assurances Du Groupe; Concorde; Continental Casualty Company; Employers Mutual Liability Insurance Company of Wisconsin; Hartford Fire Insurance Company; Industrial Indemnity Company; Maryland Casualty Company; Reliance Insurance Company; Royal Indemnity Company; St. Paul Fire and Marine Insurance Company; Security Insurance Company of Hartford; The Travelers Indemnity Company; Underwriters at Lloyd's and Associated British Insurance Companies; United States Fidelity and Guaranty Company; United States Fire Insurance Company; Zurich Insurance Company, Appellants, v. UNITED STATES OF AMERICA; Bernard C. Groseclose; Alden E. Hare; William L. Hogan; Dennis L. Hunter, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 8, 1983.


Attorney(s) appearing for the Case

H. Grady Barnhill, Jr., Winston Salem, N.C. (William C. Raper, Womble, Carlyle, Sandridge & Rice, Winston Salem, N.C., Richard M. Sharp, Frederick C. Schafrick, Christopher J. Wright, Shea & Gardner, Washington, D.C., on brief), for appellant.

Bruce N. Bagni, Torts Branch, Civ. Div., Dept. of Justice, Washington, D.C. (J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., Harold M. Edwards, U.S. Atty., Asheville, N.C., on brief), and Gary S. Hemric, Charlotte, N.C. (William K. Diehl, Jr., James, McElroy & Diehl, P.A., Charlotte, N.C., Robert R. Smiley, III, Smiley, Murphy, Olson & Gilman, Washington, D.C., on brief), for appellees.

Before WINTER, Chief Judge, and RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, CHAPMAN, Circuit Judges, and BRYAN, Senior Circuit Judge, sitting en banc.


PER CURIAM:

By way of summary the Court states its conclusions on the issues considered at the en banc rehearing which took place on February 8, 1983:

1. The vote of five members for, four against, and one member disqualified, and hence not voting, which had previously taken place, constituted a determination by a majority of the circuit judges who are in regular active service ordering rehearing en banc.

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