SMITH v. XEROX CORP.

No. 87-3853.

866 F.2d 135 (1989)

Bennett P. SMITH, Plaintiff-Appellant, v. XEROX CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 23, 1989.


Attorney(s) appearing for the Case

David J. L'Hoste, Rockne L. Moseley, Lea & Gibbens, New Orleans, La., for plaintiff-appellant.

Thomas G. Buck, Blue, Williams & Buckley, Metairie, La., for defendant-appellee.

Charles A. Boggs, Thomas W. Lewis, New Orleans, La., for Loral Electro Optical.

Before JOHNSON, JOLLY and JONES, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

In this case we are called upon to consider whether the district court properly granted summary judgment in favor of Xerox Corporation, in a tort suit against it for personal injuries arising from the malfunctioning and premature discharge of a weapon simulator used during military training exercises, on the grounds that Xerox is entitled to the affirmative defense of government contractor immunity. Holding that Xerox presented evidence...

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