RAMIREZ de ARELLANO v. WEINBERGER

No. 83-1950.

724 F.2d 143 (1983)

Temistocles RAMIREZ de ARELLANO, et al., Appellant v. Caspar W. WEINBERGER, Secretary of Defense, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided December 22, 1983.

Rehearing Granted February 23, 1984.


Attorney(s) appearing for the Case

Mark R. Joelson, Washington, D.C., with whom Donald H. Green, Greer S. Goldman and Lucy F. Reed, Washington, D.C., were on brief, for appellants. Mark N. Bravin and John F. Daly, Washington, D.C., also entered appearances for appellants.

John M. Rogers, Atty., Dept. of Justice, Washington, D.C., with whom J. Paul McGrath, Asst. Atty. Gen., Stanley S. Harris, U.S. Atty., and Michael F. Hertz, Atty., Dept. of Justice, Washington, D.C., were on brief, for appellees. R. Craig Lawrence, Stuart H. Newberger, Asst. U.S. Attys., and Marc Johnston, Atty., Dept. of Justice, Washington, D.C., also entered appearances for appellees.

Before WILKEY and SCALIA, Circuit Judges, and LUMBARD, Senior Circuit Judge for the United States Court of Appeals for the Second Circuit.


Rehearing En Banc Granted February 23, 1984.*

Opinion for the Court filed by Circuit Judge SCALIA.

Dissenting opinion filed by Circuit Judge WILKEY.

SCALIA, Circuit Judge:

This is an appeal by plaintiffs Ramirez, two Puerto Rican corporations, and four Honduran corporations from dismissal of their suit against the Secretary of Defense claiming wrongful occupation of their property in Honduras for use as a training...

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