AUER v. KAWASAKI MOTORS CORP., U.S.A.

Nos. 85-1591, 85-2331.

830 F.2d 535 (1987)

William Douglas AUER, Appellant, v. KAWASAKI MOTORS CORP., U.S.A., Appellee, and Kawasaki Heavy Industries, Ltd., A Body Corporate of Kobe, Japan, Defendant. Evan EBAUGH, Appellant, v. CESSNA AIRCRAFT COMPANY, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 6, 1987.


Attorney(s) appearing for the Case

Lois Rudo Karp, Baltimore, Md., Joel I. Klein (Christopher D. Cerf, Onek, Klein & Farr, Washington, D.C., Robert T. Hall, Douglas K.W. Landau, Hall, Surovell, Jackson & Colten, P.C., Fairfax, Va., Eugene I. Glazer, Baltimore, Md., on brief, for appellants.

Carl F. Ameringer, Baltimore, Md., Thomas L. Appler (John E. McIntosh, Jr., Boothe, Prichard & Dudley, Fairfax, Va., Michael Esher Yaggy, Michael S. Barranco, Baltimore, Md., on brief), for appellees.

Before WINTER, Chief Judge, RUSSELL, WIDENER, HALL, PHILLIPS, SPROUSE, ERVIN, CHAPMAN, WILKINSON and WILKINS, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge, sitting en banc.


HAYNSWORTH, Senior Circuit Judge:

These two cases were heard by individual panels of the court, but before a decision in either case, the judges of the court in regular active service voted unanimously to rehear the cases en banc.

These personal injury actions in the diversity jurisdiction present a common question of the applicable law, state or federal, in determining the effect of a release of one joint tortfeasor upon the state created rights and...

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