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Title: Gootee v. Colt Industries Inc.
Author : United States Court Of Appeals For The Sixth Circuit
Release Date : January 19, 1983
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 54 KB

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JONES, Circuit Judge; WEICK, Senior Circuit Judge, and SILER, District Judge* Order The appellee, Colt Industries, Inc., has petitioned for a rehearing of the above-captioned appeal. The appellee first points to the Court's references to various pretrial proceedings, contained in footnotes 6 and 7 of the opinion. As is obvious from the continuing dispute over the record at this stage (reflected in the petition for rehearing and the appellants' response thereto), the record before this Court on appeal was far from clear. Footnotes 6 and 7 deal with certain serious objections raised to the proceedings, while recognizing that there was some doubt as to the exact nature of those proceedings. To the extent that there are directives contained in those footnotes, the district court is simply directed to consider the issues in light of all relevant concerns and to clarify its treatment of them on the record. There is no mandate that the district court reverse its decisions in this regard, provided such decisions were justifiable in the first instance. Appellee's discussion of the record in relation to these issues, even if accurate, would, thus, not warrant a rehearing under Rule 40, Federal Rules of Appellate Procedure. In addition, the appellee objects to the Court's discussion of the evidence pertaining to military and police training techniques and manuals. We are unconvinced that our original position on this issue is erroneous, either under Rule 401 or Rule 403 of the Federal Rules of Evidence and find nothing of substance in the appellee's discussion of the issue which would justify a rehearing in this case.