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TANKS v. LOCKHEED MARTIN CORP.

No. 05-60028.

417 F.3d 456 (2005)

Erica Willis TANKS, as Administrator of the Estate of Thomas Willis, as Personal Representative of Thomas Willis, for the Benefit of All Heirs of Thomas Willis, and as natural daughter of Thomas Willis, Plaintiff-Appellee, v. LOCKHEED MARTIN CORP.; et al., Defendants, Lockheed Martin Corp.; Lockheed Martin Aeronautical Systems Support Co., doing business as Lockheed Martin Aeronautics Company-Marietta, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 14, 2005.

Attorney(s) appearing for the Case

William Fredric Blair (argued), Troy Farrell Odom, Blair & Bondurant, Brandon, MS, for Plaintiff-Appellee.

Luther T. Munford (argued), Fred L. Banks, Jr., LaToya Cheree Merritt, Phelps Dunbar, David L. Ayers, Joseph Collins Wohner, Jr., Mark David Jicka, Charles Clark, Watkins & Eager, Jackson, MS, for Defendants-Appellants.

Jeremiah A. Collins, Bredhoff & Kaiser, Washington, DC, John L. Maxey, II, Maxey Wann, Jackson, MS, for Intern. Ass'n of Machinists and Aerospace Workers, AFL-CIO, Amicus Curiae.

Before WIENER, DeMOSS, and PRADO, Circuit Judges.

WIENER, Circuit Judge:

Defendants-Appellants Lockheed Martin Corp. and Lockheed Martin Aeronautical Systems Support Co. ("Lockheed") took this interlocutory appeal, certified by the district court pursuant to 28 U.S.C. § 1292(b), seeking reversal of the district court's partial summary judgment in favor of Plaintiff-Appellant Erica Tanks. The district court held that, under the discrete facts and circumstances of this case, the "exclusive remedy" provision of...

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