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ZUCKERBRAUN v. GENERAL DYNAMICS CORP.

No. 1405, Docket 91-6002.

935 F.2d 544 (1991)

David ZUCKERBRAUN, as Administrator of the Estate of Earl Patton Ryals, Plaintiff-Appellant, v. GENERAL DYNAMICS CORPORATION; Raytheon Company; FMC Corporation; Hughes Aircraft Company; Unisys Corporation; RCA Corporation, Government Systems Division, Defendants-Appellees, and United States of America, Intervenor.

United States Court of Appeals, Second Circuit.

Decided June 13, 1991.

Attorney(s) appearing for the Case

Raymond L. Baribeault, Jr., New London, Conn. (Thomas B. Wilson, Suisman, Shapiro, Wool, Brennan & Gray, New London, Conn., of counsel), for plaintiff-appellant.

Mark B. Stern, Dept. of Justice, Washington, D.C. (Stuart M. Gerson, Asst. Atty. Gen., Washington, D.C., Richard Palmer, U.S. Atty., D. Conn., New Haven, Conn., Barbara L. Herwig, Dept. of Justice, Washington, D.C., of counsel), for intervenor.

Herbert L. Fenster, Washington, D.C. (McKenna & Cuneo, Washington, D.C., of counsel), for defendants-appellees General Dynamics Corp., Hughes Aircraft Co., and Unisys Corp.

Matthew D. Powers, San Francisco, Cal. (Orrick, Herrington & Sutcliffe, San Francisco, Cal., of counsel), for defendant-appellee RCA Corp., Government Systems Div.

Garrett J. Fitzpatrick, New York City (Mendes & Mount, New York City, of counsel), for defendants-appellees Raytheon Co. and FMC Corp.

Before WINTER and WALKER, Circuit Judges, and MUKASEY, District Judge.

WINTER, Circuit Judge:

This appeal arises from a wrongful death action against the manufacturers of a missile defense system that allegedly failed to repel a missile attack upon a United States Navy frigate as a result of the defendants' negligence. We hold that the district court properly dismissed the suit because the government properly invoked the state secrets privilege and thereby prevented appellant from offering evidence sufficient to establish a prima facie...

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