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BAILEY v. McDONNELL DOUGLAS CORP.

No. 92-2184.

989 F.2d 794 (1993)

Penny BAILEY, Individually and as Next Friend of Elizabeth Bailey and Bryan Bailey, Minors, and as Personal Representative of the Estate of John Bailey, Deceased, et al., Plaintiffs-Appellants, v. McDONNELL DOUGLAS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 1, 1993.

Attorney(s) appearing for the Case

David R. Weiner, Tab Mitchell, Dallas, TX, for plaintiffs-appellants.

Larry F. York, John H. McLeod, Baker & Botts, Austin, TX, Terrence J. O'Toole, Thomas C. Walsh, W. James Nabholz, Bryan Cave, McPheters & McRoberts, St. Louis, MO, for defendant-appellee.

Before DUHÉ and BARKSDALE, Circuit Judges, and HUNTER, Senior District Judge.

Rehearing and Rehearing En Banc Denied June 1, 1993.

BARKSDALE, Circuit Judge:

At issue in this second appeal of this Texas product liability action is the effect of the government contractor defense, as formulated in Boyle v. United Technologies Corp., 487 U.S. 500, 108 S.Ct. 2510, 101 L.Ed.2d 442 (1988), when claims of both manufacturing and design defects are asserted. Penny Bailey appeals the summary judgment...

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