Legal Opinion

Daniel Edward Bynum v. Fmc Corporation

Court of Appeals for the Fifth Circuit

Decided September 13, 1985No. 84-4677PublishedCited by 65 opinions

1Opinion of the Court

RANDALL, Circuit Judge:

Plaintiff-appellant Daniel Edward Bynum brought this product liability action in district court seeking damages for injuries sustained when a M-548 cargo carrier in which he was riding fell off a bridge and crashed into the creek below. At the time of the accident, Bynum was a member of the Mississippi National Guard taking part in a seventeen-day training mission at Fort Stewart, Georgia. The district court, 599 F.Supp. 155, holding the government contractor defense applicable under Mississippi law, granted summary judgment in favor of defendant-appellant FMC…

2Cases cited65 opinions

  1. Feres v. United StatesSupreme Court of the United States · 1950
  2. Chappell v. WallaceSupreme Court of the United States · 1983
  3. United States v. Kimbell Foods, Inc.Supreme Court of the United States · 1979
  4. Clearfield Trust Co. v. United StatesSupreme Court of the United States · 1943
  5. Banco Nacional De Cuba v. SabbatinoSupreme Court of the United States · 1964

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3Cited by65 opinions

  1. Boyle v. United Technologies Corp.Supreme Court of the United States · 1988
  2. Ackerson v. Bean Dredging, LLCCourt of Appeals for the Fifth Circuit · 2009
  3. Guillory v. Domtar Industries Inc.Court of Appeals for the Fifth Circuit · 1996
  4. In Re "Agent Orange" Product Liability Litigation Mdl No. 381Court of Appeals for the Second Circuit · 1987
  5. Phillips v. E.I. Dupont De Nemours & Co.Court of Appeals for the Ninth Circuit · 2007

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