was involved in the decision to give, or not to give, a warning." 81 F.3d at 575. This is a modified Boyle test. State law is displaced if (1) the United States exercised discretion and approved the warnings; (2) the contractor provided a warning that conformed to the approved warnings; and (3) contractor warned about dangers it knew, but the government did not. See id. The district court found that the first element was satisfied in that the Navy approved, changed and edited warnings in the T-34C NATOPS Flight Manual. Although the manual contained no express evaluation of a warning of the specific hazard of inadvertent seat release, the government contractor defense applies because the Navy exercised discretion in approving warnings in the flight manual. See Tate II, 140 F.3d at 660 (<HOLDING>). Inadequacy is not an issue when it is the
holding that the government contractor defense applies in situations in which the government makes the informed decision not to include a specification or require a warning because in the governments view one would be unnecessary or problematic holding that the government could not charge contractor excess cost of relet contract where government caused a delay in contract performance in which contractor was to use his own equipment original contractors costs increased and government refused to allow original contractor to perform at cost but allowed new contractor to use government equipment and paid new contractor a different rate holding where 1 the government provided the defendant with all the necessary drugmaking materials 2 the government provided instructions on how to make the drugs and 3 the defendant sought out the materials and help from the undercover government agents the case set the outer limits to which the government may go in the quest to ferret out and prosecute crimes but the governments conduct did not rise to the level of a due process violation holding that noerrpennington extends to situations where the government enters into a contractual relationship with a private entity at least in situations where the government engages in a policy decision and at the same time acts as a participant in the marketplace  holding that the district court did not err in instructing the jury not to draw any adverse inferences from the governments failure to call a witness because the witness did not have a relationship with the government such that one would expect him to give testimony in favor of the government