No. 96-5502.

140 F.3d 654 (1998)

Diann TATE, Individually on her own behalf as surviving spouse of Dale Tate, as Personal Representative of the Estate of Dale Tate, deceased and as natural Guardian of Jason Tazwell Tate, a minor child of Dale Tate; Brian William Tate, Individually and on his own behalf as surviving child of Dale Tate; Vivian Marie Johnson, Individually on her own behalf as surviving spouse of Veltry Herman Johnson, III, deceased, and as Personal Representative of the Estate of Veltry Johnson; and Angela Wooden; Lieutenant Nancy Ann Schulz, U.S. Army, Individually and on her own behalf, Plaintiffs-Appellants, v. BOEING HELICOPTERS, an Unincorporated Division of the Boeing Company, a Delaware Corporation; Breeze-Eastern, an Unincorporated Division of Transtechnology Corporation, a Delaware Corporation, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided April 2, 1998.

Rehearing and Suggestion for Rehearing Denied May 22, 1998.

Attorney(s) appearing for the Case

Mark A. Rassas, Rassas & Rassas, Clarksville, TN, Francis G. Fleming, Brian J. Alexander (argued & briefed), Kreindler & Kreindler, New York City, Lucius P. Hawes, Jr., Hawes & Cameron, Hopkinsville, KY, for Plaintiffs-Appellants.

Richard L. Walter (briefed), Boehl, Stopher & Graves, Paducah, KY, Steven S. Bell (argued & briefed), Perkins Coie, Seattle, WA, Carol D. Browning (briefed), Stites & Harbison, Louisville, KY, Bruce G. Shanahan (argued & briefed), Sedgwick, Detert, Moran & Arnold, Los Angeles, CA, for Defendants-Appellees.

Before: SILER, BATCHELDER, and GIBSON, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied May 22, 1998.


GIBSON, Circuit Judge.

The claims arising from the crash of a CH-47D Chinook military helicopter during a July 24, 1990, training mission at Fort Campbell, Kentucky are before us again. The district court1 entered summary judgment on the failure to warn claims asserted by a soldier injured in the...

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