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SMITH v. REAGAN

No. 87-1661.

844 F.2d 195 (1988)

Mark A. SMITH, Former United States Prisoner of War; Melvin C. McIntire, Sergeant First Class, United States Army; Anne M. Hart, Wife of service member listed as missing in action; Dorothy M. Shelton, Wife of existing Prisoner of War; Kathryn Fanning, Wife of service member listed as missing in action; Jerry L. Dennis, Brother of service member lost in Southeast Asia, Plaintiffs-Appellees, v. Ronald REAGAN, President of the United States; Caspar Weinberger, United States Secretary of Defense; George Schultz, United States Secretary of State; James A. Williams, General, Director of the United States Defense Intelligence Agency; and each of their respective predecessors and successors, in their official capacity, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided April 18, 1988.

Rehearing and Rehearing Denied May 18, 1988.

Attorney(s) appearing for the Case

Mark Bernard Stern, Appellate Staff, Civil Div., Dept. of Justice (Richard K. Willard, Asst. Atty. Gen., Samuel T. Curran, U.S. Atty., Michael Jay Singer, Appellate Staff, Civil Div., Dept. of Justice, on brief), for defendants-appellants.

Mark Louis Waple (Hutchens & Waple, on brief), for plaintiffs-appellees.

Before WILKINSON, Circuit Judge, BUTZNER, Senior Circuit Judge, and ELLIS, United States District Judge for the Eastern District of Virginia, sitting by designation.

Rehearing and Rehearing En Banc Denied May 18, 1988.

WILKINSON, Circuit Judge:

This suit was brought under what has come to be known as the Hostage Act, 22 U.S.C. § 1732 (1982). Plaintiffs sought a declaration that American prisoners of the Vietnam War continue to be held in captivity by the governments of Vietnam, Laos, and Cambodia, that those prisoners "enjoy the full protection and benefit" of the Hostage Act, and "that the Defendants shall comply...

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