WALKER v. MESSERSCHMITT BOLKOW BLOHM GmBH

Nos. 86-1472, 86-1689.

848 F.2d 496 (1988)

Virginia WALKER, et al., Plaintiffs, Lonestar Helicopters and North Central Texas Services d/b/a Careflite, Plaintiffs-Counter Defendants-Appellants, v. MESSERSCHMITT BOLKOW BLOHM GmBH and MBB Helicopter Corp., Defendants-Counter and Third Party Plaintiffs-Appellees Cross-Appellants, Cross-Appellees, v. The ESTATE OF Rick Lemar FEE and the Estate of Billy Wayne Walker, Third Party Defendants-Appellants Cross-Appellees. Lone Star Helicopters, Inc., North Central Texas Services d/b/a Careflite, the Estate of Rick Lemar Fee and the Estate of Billy Wayne Walker, Plaintiffs-Appellants, United States Fire Insurance Company, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 16, 1988.


Attorney(s) appearing for the Case

P. Michael Jung, Kevin H. Good, John E. Phillips, Dallas, Tex., for Messerschmitt Bolkow Blohm GmBH and MBB Helicopter Corp.

Martha Vollers Swanger, Austin, Tex., Theodore G. Kolias, Robert A. Gwinn, Dallas, Tex., for Lone Star Helicopters et al.

Newton J. Jones, Rebecca S. Covell, Sifford & Pezzuli, Dallas, Tex., for U.S. Fire Ins. Co.

Before GOLDBERG, POLITZ, and DAVIS, Circuit Judges.


ON PETITION FOR REHEARING

(Opinion May 10, 1988, 5th Cir. 844 F.2d 237)

PER CURIAM:

In its application for rehearing, Messerschmitt BOLKOW BLOHM GmBH (MBB) raises two points that require consideration.

First, it argues that we misread the record when we observed that MBB failed to preserve its objection to North Central's evidence of other "collective bottoming incidents." MBB points to an exchange between...

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