LAWRENCE M. BAREFORD, Individually, et al., Plaintiffs-Appellants,
v.
GENERAL DYNAMICS CORPORATION, et al., Defendants-Appellees, and
United States of America, Intervenor-Appellee.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
September 16, 1992.
Order Vacating and Amending Opinion in part on Petition for Rehearing and Suggestion for Rehearing October 14, 1992.
Attorney(s) appearing for the Case
Michael J. Maloney, David W. Holman, Wayne Fisher, Fisher Gallagher & Lewis, Houston, Tex., for Lawrence M. Bareford, et al.
R. Doak Bishop, Vester T. Hughes, Hughes & Luce, Dallas, Tex.,
Herbert L. Fenster, Raymond D. Biagini, McKenna, Conner & Cuneo, Washington, D.C., for General Dynamics, Hughes and Unisys Corp.
Edward Jack O'Neill, Porter & Clements, Houston, Tex., Matthew D. Powers, Orrick, Herrington & Sutcliffe, San Francisco, Cal., for General Elec. Co., RCA and General Elec. Aerospace.
David E. Warden, Baker & Botts, Houston, Tex., for Advanced Technologies.
Richard Caldwell, Mayor, Day, Caldwell & Keeton, Houston, Tex., for Rockwell and FMC Corp.
Mark Stern, Barbara L. Herwig, Deborah Kossow, Torts Branch, Civ. Div., U.S. Dept. of Justice, Washington, D.C., for the U.S.
Charles B. Holm, Charles L. Cotton, Coats, Rose, Yale, Holm, Ryman & Lee, Houston, Tex., for Cardion Electronics.
Stephen C. Howell, Beale Dean, Brown, Hermann, Scott, Dean & Miles, Ft. Worth, Tex., for Raytheon Co.
David J. Brody, Widett, Slater & Goldman, Boston, Mass., for Analytic Sciences Corp. d/b/a TASC.
Before HIGGINBOTHAM and DUHÉ, Circuit Judges and HUNTER, District Judge.
United States Court of Appeals, Fifth Circuit.
Order Vacating and Amending Opinion in part on Petition for Rehearing and Suggestion for Rehearing En Banc October 14, 1992.
PATRICK E. HIGGINBOTHAM, Circuit Judge.
We must grapple with the federal government's invocation of the state secret doctrine to a manufacturing and design defect suit against the manufacturer of a military weapons system. We are persuaded that plaintiffs would be unable to prove their case without classified information and that the...
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