SANCHEZ-ESPINOZA v. REAGAN

No. 83-1997.

770 F.2d 202 (1985)

Javier SANCHEZ-ESPINOZA, et al., Appellants, v. Ronald Wilson REAGAN, President of the United States, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided August 13, 1985.


Attorney(s) appearing for the Case

Peter Weiss, New York City, of the Bar of the Supreme Court of New York, pro hac vice by special leave of the Court and Michael D. Ratner, Washington, D.C., with whom William Schaap, Washington, D.C., was on brief, for appellants.

John M. Rogers, Atty. Dept. of Justice, Washington, D.C., with whom Richard K. Willard, Acting Asst. Atty. Gen., Joseph E. diGenova, U.S. Atty., and Michael F. Hertz, Atty., Dept. of Justice, Washington, D.C., were on brief, for appellees Reagan, et al.

Peter W. Homer, Miami, Fla., with whom Gregory W. Homer, Washington, D.C., was on brief, for appellee Vargas.

David Carliner and Steven M. Schneebaum, Washington, D.C., was on brief for amicus curiae The Intern. Human Rights Law Group, urging reversal.

Daniel J. Popeo and Paul D. Kamenar, Washington, D.C., were on brief for amici curiae Senator Steven Symms, et al., urging affirmance.

Before TAMM, GINSBURG and SCALIA, Circuit Judges.


Opinion for the Court filed by Circuit Judge SCALIA.

Concurring statement filed by Circuit Judge GINSBURG.

SCALIA, Circuit Judge:

The complaint at issue in this appeal recites various causes of action arising out of appellees' alleged support of forces bearing arms against the government of Nicaragua (so-called "Contra" forces). The United States District Court for the District of Columbia granted a motion to dismiss, primarily on the ground that the...

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