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HEFLEY v. TEXTRON, INC.

Nos. 81-2091, 81-2307 and 81-2308.

713 F.2d 1487 (1983)

Tommy L. HEFLEY, Ronald G. Wood, and James A. Popplewell, Plaintiffs, v. TEXTRON, INC. and Bell Helicopter Textron, Third-Party Plaintiffs, Defendants-Appellants, v. UNITED STATES of America, Kansas Army National Guard and its Adjutant General Major General Edward R. Fry, individually, and The State of Kansas, Third Party Defendants, Appellees.

United States Court of Appeals, Tenth Circuit.

August 10, 1983.

Attorney(s) appearing for the Case

Fred L. Marrs, Wichita, Kan. (Windell G. Snow and Susan K. McKee of Curfman, Harris & Weigand, Wichita, Kan., with him on the brief), for appellants.

Susan Gillett, Trial Atty., U.S. Dept. of Justice, Washington, D.C. (J. Paul McGrath, Asst. Atty. Gen., Paul M. Honigberg, Trial Atty., U.S. Dept. of Justice, Washington, D.C., and Jim J. Marquez, U.S. Atty., Wichita, Kan., with her on the brief), for the U.S. and Major General Edward R. Fry.

Robert T. Stephan, Atty. Gen. of Kansas, and William M. Henry, Asst. Atty. Gen. of Kansas, Topeka, Kan., for Kansas Army Nat. Guard, Adjutant General Edward R. Fry, and The State of Kan.

Before BARRETT, DOYLE and LOGAN, Circuit Judges.

BARRETT, Circuit Judge.

Textron, Inc. and Bell Helicopter Textron (Textron), third-party plaintiffs, appeal from the district court's grant of summary judgment in favor of the United States, the Kansas Army National Guard (KANG), Major General Edward R. Fry, and the State of Kansas.

The underlying action arose from a helicopter crash near Salina, Kansas on July 19, 1976. The helicopter was manufactured by Textron, owned by the United States, and operated by...

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