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AUGUSTINE v. BELL HELICOPTER TEXTRON, INC.

No. 2-95-165-CV.

922 S.W.2d 287 (1996)

Janet AUGUSTINE, Individually as Surviving Spouse of John Augustine, Deceased, as Personal Representative of the Estate of John Augustine, and as Mother and Natural Guardian of Megan Augustine, Surviving Minor Child of John Augustine, Deceased, and Claudia Lovell, Individually as Surviving Spouse of Robert Lovell, Deceased, and as Personal Representative of the Estate of Robert Lovell, Appellants, v. BELL HELICOPTER TEXTRON, INC., Appellee.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled June 6, 1996.

Attorney(s) appearing for the Case

James H. Furman, Byrd, Davis & Eisenberg, L.L.P., Austin, Francis G. Fleming, Robert J. Spragg, Kreindler & Kreindler, New York City, for Appellants.

Stephen C. Howell, Stephen L. Tatum, Jeff C. Rees, Brown, Herman, Scott, Dean & Miles, L.L.P., Fort Worth, for Appellee.

Before DAUPHINOT, RICHARDS and HOLMAN, JJ.

OPINION

RICHARDS, Justice.

This summary judgment case arises from a helicopter crash that killed two servicemen. Their widows sued the manufacturer, alleging the driveshaft failed because it was defectively designed. Because issues of fact exist on the manufacturer's government contractor defense, we reverse the trial court's summary judgment holding the manufacturer immune from liability for defective design...

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