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VAN TU v. KOSTER

No. 02-4209.

364 F.3d 1196 (2004)

Hoang VAN TU; Nguyen Thi Khuong; Nguyen Dinh; Tran Nam; Truong Thain; Pham Dat; Pham Thi Thuan, individually and as representatives of the class of victims of the My Lai Massacre, Plaintiffs-Appellants, v. Major General KOSTER; Lt. Col. Hollady; Col. Young; Cpt. Riggs; Cpt. Michles; Cpt. Ernest L. Medina; Lt. William Rusty Calley; Pt. Michael Terry; United States of America, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 16, 2004.

Attorney(s) appearing for the Case

S. Austin Johnson of Johnson Law Firm, P.C., Orem, UT, for Plaintiffs-Appellants.

Drew Briney, Spanish Fork, UT, for Defendant-Appellee Michael Brent Terry.

Paul M. Warner, United States Attorney, District of Utah; Barbara Biddle, Assistant Director, Appellate Staff Civil Division, U.S. Department of Justice; Robert M. Loeb, Special Appellate Counsel, Appellate Staff Civil Division, U.S. Department of Justice; Jeremy S. Brumbelow, Trial Attorney, Torts Branch, Civil Division, U.S. Department of Justice, Washington, DC, for Defendants-Appellees, Ernest L. Medina and the United States of America.

Before BRISCOE and McKAY, Circuit Judges, and BRORBY, Senior Circuit Judge.

BRISCOE, Circuit Judge.

Plaintiffs appeal from the district court's order dismissing their complaint on statute-of-limitations grounds. We affirm.1

FACTS

Plaintiffs are residents of the Village of Son My, Quang Ngai Province, in the Republic of Vietnam. They bring this action on their behalf and as representatives of deceased victims and survivors of the My Lai Massacre. The My Lai Massacre occurred on March 16, 1968...

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