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VIETNAM VETERANS OF AMERICA v. C.I.A.

Nos. 13-17430, 14-15108.

791 F.3d 1122 (2015)

VIETNAM VETERANS OF AMERICA; Swords to Plowshares, Veterans Rights Organization; Tim Michael Josephs; William Blazinski; Bruce Price; Franklin D. Rochelle; Larry Meirow; Eric P. Muth; David C. Dufrane; Kathryn McMillan-Forrest, Plaintiffs-Appellants-Cross-Appellees, v. CENTRAL INTELLIGENCE AGENCY; John Brennan, Director of the Central Intelligence Agency; United States Department of Defense; Ashton Carter, Secretary of Defense; United States Department of the Army; John M. McHugh, Secretary of the Army; United States of America; United States Department of Veteran Affairs; Robert A. McDonald, Secretary of Veterans Affairs, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed June 30, 2015.

Attorney(s) appearing for the Case

James Patrick Bennett , Eugene G. Illovsky , Benjamin F. Patterson (argued), and Stacey Michelle Sprenkel , Morrison & Foerster LLP, San Francisco, CA, for Plaintiffs-Appellants-Cross-Appellees.

Melinda L. Haag , United States Attorney, Stuart F. Delery , Assistant Attorney General, Charles W. Scarborough (argued), Brigham John Bowen , Anthony Joseph Coppolino , and Mark B. Stern , Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Defendants-Appellees-Cross-Appellants.

Opinion by Judge W. FLETCHER; Partial Concurrence and Partial Dissent by Judge WALLACE.

OPINION

From the inception of the United States' chemical weapons program during World War I until the mid-1970s, the United States military conducted chemical and biological weapons experiments on human subjects. In these experiments, tens of thousands of members of the United States armed services were intentionally...

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