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TAYLOR v. KELLOGG BROWN & ROOT SERVICES, INC.

No. 10-1543.

658 F.3d 402 (2011)

Peter TAYLOR, Plaintiff-Appellant, v. KELLOGG BROWN & ROOT SERVICES, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: September 21, 2011.

Attorney(s) appearing for the Case

ARGUED: William Shaw Stickman , Del Sole Cavanaugh Stroyd LLC, Pittsburgh, Pennsylvania, for Appellant. Lawrence S. Ebner , McKenna Long & Aldridge LLP, Washington, D.C., for Appellee. ON BRIEF: Raymond B. Biagini , Lisa M. Norrett , Daniel L. Russell, Jr. , McKenna Long & Aldridge LLP, Washington, D.C., for Appellee.

Affirmed in part and vacated in part by published opinion. Judge KING wrote the opinion, in which Judge NIEMEYER joined. Judge NIEMEYER wrote a concurring opinion. Judge SHEDD wrote an opinion concurring in the judgment, in which Judge NIEMEYER joined.

OPINION

KING, Circuit Judge:

Peter Taylor appeals from the district court's dismissal of his negligence action against Kellogg Brown & Root Services, Incorporated ("KBR"). On July 27, 2007, Taylor, an enlisted United States Marine, was electrocuted and severely injured while serving on an American military base in Iraq. Taylor filed suit in the Eastern District of Virginia, alleging that his injuries were proximately caused by the negligence of KBR,...

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