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MACHARIA v. U.S.

No. 02-5252.

334 F.3d 61 (2003)

Merania Muringu MACHARIA, et al., Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided July 11, 2003.

Attorney(s) appearing for the Case

Philip M. Musolino argued the cause and filed the briefs for appellants.

Michael J. Ryan, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Roscoe C. Howard, Jr., U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney. Robin M. Earnest, Assistant U.S. Attorney, entered an appearance.

Before: GINSBURG, Chief Judge, and ROGERS and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Appellants, a prospective class of more than 5,000 Kenyan citizens and businesses injured in the 1998 bombing of the United States Embassy in Nairobi, Kenya, sued the United States under the Federal Tort Claims Act alleging that the government negligently failed to secure the Embassy and to warn of a potential terrorist attack. Following limited jurisdictional discovery, the district...

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