Legal Opinion

Lawrence M. Bareford, Individually v. General Dynamics Corporation, and United States of America, Intervenor-Appellee

Court of Appeals for the Fifth Circuit

Decided October 14, 1992No. 91-2432PublishedCited by 27 opinions

1Opinion of the Court

PATRICK E. HIGGINBOTHAM, Circuit Judge.

We must grapple with the federal government’s invocation of the state secret doctrine to a manufacturing and design defect suit against the manufacturer of a military weapons system. We are persuaded that plaintiffs would be unable to prove their case without classified information and that the very subject matter of the trial is a state secret. We affirm the district court’s dismissal.

I

In 1987, during the Iraqi-Iranian War, an Iraqi F-l Mirage fighter fired two Exocet missiles at the U.S.S. Stark, an Oliver Hazard Perry class frigate stationed in the…

Also in this document: Per curiam.

2Cases cited16 opinions

  1. United States v. ReynoldsSupreme Court of the United States · 1953
  2. Alan L. Fitzgibbon v. Central Intelligence Agency Alan L. Fitzgibbon v. Central Intelligence AgencyCourt of Appeals for the D.C. Circuit · 1990
  3. Nassar Afshar v. Department of StateCourt of Appeals for the D.C. Circuit · 1983
  4. United States v. SouthardCourt of Appeals for the First Circuit · 1983
  5. Continental Group, Inc. v. HoltSupreme Court of the United States · 1984

11 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Kasza v. BrownerCourt of Appeals for the Ninth Circuit · 1998
  2. Faisal Nabin Kashem v. William BarrCourt of Appeals for the Ninth Circuit · 2019
  3. Bentzlin v. Hughes Aircraft Co.District Court, C.D. California · 1993
  4. Binyam Mohamed v. Jeppesen Dataplan, Inc.Court of Appeals for the Ninth Circuit · 2010
  5. In Re Sealed CaseCourt of Appeals for the D.C. Circuit · 2007

22 more not listed; retrieve them via the Exa API.

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