PERSINGER v. ISLAMIC REPUBLIC OF IRAN

No. 81-2003.

729 F.2d 835 (1984)

Gregory Allen PERSINGER, et al., Appellants v. ISLAMIC REPUBLIC OF IRAN, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided March 13, 1984.


Attorney(s) appearing for the Case

Michael F. Hertz, Dept. of Justice, Washington, D.C., with whom J. Paul McGrath, Asst. Atty. Gen., Stanley S. Harris, U.S. Atty. (at the time the brief was filed), Robert E. Kopp, Atty., Dept. of Justice, and Jonathan B. Schwartz, Atty. Dept. of State, Washington, D.C., were on the brief for appellee, U.S. Theodore C. Hirt, Atty. Dept. of Justice, Washington, D.C., also entered an appearance for U.S.

Brice M. Clagett, Washington, D.C., with whom Paul G. Gaston and Harold Hongju Koh, Washington, D.C., were on the brief for amicus curiae, FLAG, Inc., opposing modification of original opinion.

Peter J. Neeson, Philadelphia, Pa., of the Bar of the Supreme Court of Pa., pro hac vice, by special leave of the Court, with whom Mark H. Tuohey, III, Washington, D.C., Julian N. Eule, Philadelphia, Pa., were on the brief, for appellants.

Thomas G. Shack, Jr. and Thomas D. Silverstein, Washington, D.C., entered appearances for appellee, Islamic Republic of Iran.

Before EDWARDS and BORK, Circuit Judges, and BAZELON, Senior Circuit Judge.


Opinion for the Court filed by Circuit Judge BORK.

Opinion dissenting in part and concurring in part filed by Circuit Judge HARRY T. EDWARDS.

BORK, Circuit Judge:

This is an action for damages against the Islamic Republic of Iran for injuries inflicted by the seizure and detention of American hostages. Appellants, plaintiffs below, are a former hostage and his parents. On October 8, 1982, we issued an opinion affirming

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