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EMORY v. McDONNELL DOUGLAS CORP.

No. 97-2577.

148 F.3d 347 (1998)

Harold H. EMORY, Jr., Individually and as Administrator of the Estate of Rosemary Marie Emory, deceased, Plaintiff-Appellant, v. McDONNELL DOUGLAS CORPORATION, Defendant-Appellee, and United States of America, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided June 22, 1998.

Attorney(s) appearing for the Case

ARGUED: Dean Elliot Swartz, Swartz & Reed, Washington, DC, for Appellant. Douglas E. Winter, Bryan Cave, L.L.P., Washington, DC, for Appellee. ON BRIEF: Robert E. Wilson, Wilson & Parlett, Upper Marlboro, MD, for Appellant. William C. Edgar, Bryan Cave, L.L.P., Washington, DC; Michael G. Biggers, Robert J. Dwyer, Bryan Cave, L.L.P., New York City, for Appellee.

Before WILKINSON, Chief Judge, LUTTIG, Circuit Judge, and BEEZER, Senior Circuit Judge of the United States Court of Appeals for the Ninth Circuit, sitting by designation.

Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge LUTTIG and Senior Judge BEEZER joined.

OPINION

WILKINSON, Chief Judge:

Rosemary Emory was killed when an F/A-18 jet fighter crashed and slid into her truck. Appellant Harold Emory, her husband, sued the manufacturer of the aircraft, the McDonnell Douglas Corporation (MDC), under myriad strict liability and negligence theories. The district court granted MDC's motion...

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