Rainey v. Beech Aircraft Corp.

TJOFLAT, Circuit Judge,

specially concurring, in which JOHNSON, Circuit Judge, joins:

I concur in the en banc court’s judgment in this case, reversing the district court because it improperly restricted the cross-examination of John Charles Rainey. The second issue in this case is whether the evaluative conclusions contained in Lieutenant Commander (LCDR) Morgan’s investigative report are admissible under Fed.R. Evid. SOS^XC).1 I write separately to urge the court to take its place among the majority of our sister circuits, favoring broad admissibility under Rule 803(8)(C)’s “factual findings”…