Legal Opinion
Whitaker v. Harvell-Kilgore Corp.
Court of Appeals for the Fifth Circuit
Decided December 3, 1969No. 27206PublishedCited by 49 opinions
1Opinion of the Court
LEWIS R. MORGAN, Circuit Judge:
This is an appeal by plaintiffs, Harold Glenn Whitaker and his wife, Lura Madden Whitaker, as the result of dismissal of their complaint by the United States District Court. The motion to dismiss was sponsored by defendants, Harvell-Kilgore Corporation and Day & Zimmerman, Inc. Jurisdiction in this Court is founded on diversity of citizenship.
On November 23, 1966, Harold Whitaker was an enlisted man in the United States Army undergoing basic combat training at Fort Benning, Georgia. At that time and place, Whitaker was required to throw a live hand grenade as…
2Cases cited25 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Feres v. United StatesSupreme Court of the United States · 1950
- Keifer & Keifer v. Reconstruction Finance Corp.Supreme Court of the United States · 1939
- Escola v. Coca Cola Bottling Co.California Supreme Court · 1944
20 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- In Re "Agent Orange" Product Liability LitigationDistrict Court, E.D. New York · 1984
- In Re "Agent Orange" Product Liability LitigationDistrict Court, E.D. New York · 1980
- McMahon Ex Rel. the Estate of McMahon v. Presidential Airways, Inc.Court of Appeals for the Eleventh Circuit · 2007
- Quincy Lairsey and Frances Lairsey v. The Advance Abrasives CompanyCourt of Appeals for the Fifth Circuit · 1976
- Cohen v. McDonnell Douglas Corp.Massachusetts Supreme Judicial Court · 1983
44 more not listed; retrieve them via the Exa API.