UNITED STATES V. REYNOLDS
345 U.S. 1 (1953)
NATURE OF THE CASE: This was a personal injury action from the crash of a B-29.
FACTS: These claims arose from the crash of a B-29 aircraft. The aircraft had taken
flight for the purpose of testing secret military equipment, and had four civilian observers
on board, including Plaintiffs' (P) decedents. During flight, one of the plane's engines
caught fire, the plane crashed, and killed six of the nine-crew members and three of the
civilians. P filed suit. During discovery, P moved for production of documents generated as
part of the Air Force's investigation of the crash. The government moved to quash the
motion, claiming that the documents were privileged. The lower court granted the motion.
Later, the court received a letter from the Secretary of the Air Force, and allowed a
rehearing on the motion. At the rehearing, the government essentially claimed that the
documents requested could not be produced without hampering national security. However, the
government offered to produce the surviving crewmembers as witnesses. The court ordered the
government to produce the documents for an in camera review. The government declined, and
the court found that the facts on the issue of negligence would be taken as established in
P's favor, and final judgment was entered for them. The government appeals from the Court of
Appeals judgment affirming the trial court.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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