Bailey v. McDonnell Douglas Corp.

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 awarded McDonnell Douglas (M-D) in her wrongful death action concerning an M-D aircraft. Following summary judgment for M-D based on the government contractor defense, an appeal to this court, and remand for clarification of the summary…