SHAW v. GRUMMAN AEROSPACE CORP.

No. 84-5803.

778 F.2d 736 (1985)

Edwin Lees SHAW, as personal representative of the Estate of Gary Scott Shaw, Deceased, Plaintiff-Appellee, v. GRUMMAN AEROSPACE CORPORATION, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 19, 1985.


Attorney(s) appearing for the Case

James E. Tribble, Blackwell, Walker, Gray, Powers, Flick, & Hoehl, Stephen O'Day, Hurt, Richardson, Garner, Todd & Cadenhead, Paul M. Talmadge, Jr., A. Paul Cadenhead, Atlanta, Ga., Frank J. Chiarchiaro, Mendes & Mount, New York City, James M. FitzSimons, Mendes & Mount, Beverly Hills, Cal., for defendants-appellants.

Joel D. Eaton, Miami, Fla., for plaintiff-appellee.

Charles M. Shaffer, Jr., King & Spalding, Atlanta, Ga., Jane E. Jordan, L. Joseph Loveland, Jr., Gary J. Toman, for amicus.

Before FAY and JOHNSON, Circuit Judges, and HOFFMAN, District Judge.


JOHNSON, Circuit Judge:

This case requires this Circuit to decide for the first time whether the so-called "military contractor defense" is available to shield a private defense contractor from liability to a serviceman killed as a result of an alleged design defect in the contractor's product. We hold that this Circuit will recognize such a defense, but we frame that defense and the rationales behind it somewhat differently from other circuits that have considered...

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