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McINDOE v. HUNTINGTON INGALLS INC.

Nos. 13-56762, 13-56764.

817 F.3d 1170 (2016)

Carol McINDOE, as Wrongful Death Heir, and as Successor-in-Interest to James McIndoe, Deceased; Lorraine McIndoe; Pauline McIndoe, as Legal Heirs of James McIndoe, Deceased, Plaintiffs-Appellants, v. HUNTINGTON INGALLS INCORPORATED, fka Northrop Grumman Shipbuilding, Inc., Defendant, and Bath Iron Works Corporation, Defendant-Appellee. Carol McIndoe, as Wrongful Death Heir, and as Successor-in-Interest to James McIndoe, Deceased; Lorraine McIndoe; Pauline McIndoe, as Legal Heirs of James McIndoe, Deceased, Plaintiffs-Appellants, v. Huntington Ingalls Incorporated, fka Northrop Grumman Shipbuilding, Inc., Defendant-Appellee, and Bath Iron Works Corporation, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed March 31, 2016.

Attorney(s) appearing for the Case

Richard M. Grant , Brayton Purcell LLP, Novato, CA, argued the cause and filed the briefs for the plaintiffs-appellants. With him on the briefs was Lloyd F. LeRoy , Brayton Purcell LLP, Novato, CA.

Daniel J. Kelly , Tucker Ellis LLP, San Francisco, CA, argued the cause and filed the brief for defendant-appellee Huntington Ingalls Incorporated.

Edward R. Hugo , Hugo Parker, LLP, San Francisco, CA, argued the cause and filed the brief for defendant-appellee Bath Iron Works Corporation. With him on the brief were James C. Parker and Charles S. Park , Hugo Parker, LLP, San Francisco, CA.

Before: ALEX KOZINSKI, DIARMUID F. O'SCANNLAIN, and JAY S. BYBEE, Circuit Judges.

OPINION

We must decide whether two naval warships are "products" for the purposes of strict products liability and whether a genuine issue of fact exists as to whether asbestos-containing materials originally installed upon such ships caused a decedent's injuries.

I

In the 1960s, James McIndoe...

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