IN THE MATTER OF A & B HEATING & AIR CONDITIONING, INC., DEBTOR. UNITED STATES OF AMERICA, PLAINTIFF-APPELLANT,
v.
A & B HEATING & AIR CONDITIONING, INC., DEFENDANT-APPELLEE

11th Cir. | 1989-07-31
No. 86-3440
Before HILL and HATCHETT, Circuit Judges and HENDERSON, Senior Circuit Judge.
878 F.2d 1311 Court of Appeals for the Eleventh Circuit (1989) Caution
Cited by 25 cases
Opinion of the Court
HILL, Circuit Judge:

HILL, Circuit Judge:

As contemplated in the judgment of the court in this case, United States v. A & B Heating & Air Conditioning, 861 F. 2d 1538 (11th Cir.1988), the court has been notified by both parties that the Bankruptcy Court presiding over the appellee’s Chapter 11 case has granted appellee’s motion to amend the plan of reorganization by deleting the designation of tax payments provision. This action satisfies the concerns of the court. The case is REMANDED to the District court to be dismissed as moot.

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  • ST. Paul Fire & Marine Ins. Co. v. Lago Canyon, Inc., 561 F.3d 1181 (11th Cir. 2009)
    …f a contract de novo. Ohio Cas. Ins. Co. v. Holcim (US), Inc., 548 F. 3d 1352, 1356 (11th Cir.2008). . Courts and the Restatement of Torts distinguish between design defects and manufacturing defects. See, e.g., Harduvel v. Gen. Dynamics Corp., 878 F. 2d 1311, 1317 (11th Cir.1989) ("This distinction between ‘aberrational defects' and defects occurring throughout an entire line of products is frequently used in tort law to separate defects of manufacture from those of design.... Stated another way, the d…
  • Mitchell v. Lone Star Ammunition, Inc., 913 F.2d 242 (5th Cir. 1990)
    …isely for the reason that the mortar shell failed to conform to these specifications. “To say that a product failed to conform to specifications is just another way of saying that it was defectively manufactured.” Harduvel v. General Dynamics Corp., 878 F. 2d 1311, 1321 (11th Cir.1989), cert. denied, — U.S. -, 110 S.Ct. 1479, 108 L.Ed.2d 615 (1990). It is irrelevant that the Government, in some remote manner, might share responsibility for the dangerous defect. If a government contractor mismanufactures milit…
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  • Kleemann v. McDonnell Douglas Corp., 890 F.2d 698 (4th Cir. 1989)
    …ing retraction and extension of the landing gear. The design and production of the F/A-18 also illustrate the exchange of views in the procurement process between military officials and the private contractor. See Harduvel v. General Dynamics Corp., 878 F. 2d 1311, 1320 (11th Cir.1989); Tozer v. LTV Corp., 792 F. 2d 403, 407 (4th Cir.1986). Beginning with bids for what would become the F/A-18, teams of Navy engineers met with each contractor for extended discussions of their submissions. When the Navy selec…

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