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PEOPLE OF ENEWETAK v. U.S.

Nos. 88-1207, 88-1208.

864 F.2d 134 (1988)

PEOPLE OF ENEWETAK, Rongelap, and Other Marshall Islands Atolls, Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 8, 1988.

Attorney(s) appearing for the Case

Abram Chayes, Harvard Law School, Cambridge, Mass., argued for plaintiffs-appellants. With him on the brief was Anne-Marie Burley. David R. Anderson, Wilmer, Cutler & Pickering, Washington, D.C., argued for plaintiffs-appellants. With him on the brief were Lloyd N. Cutler, Andrew B. Weissman and Stephen J. Schnably. Also on the brief were E. Cooper Brown, Marshall Islands Atomic Testing Litigation Project, Takoma Park, Md., Richard F. Gerry, Casey, Gerry, Casey, Westbrook & Reed, San Diego, Cal., and Fred Baron, Baron & Budd, of Dallas, Tex.

John T. Stahr, Dept. of Justice, Washington, D.C., argued for defendant-appellee. With him on the brief were Roger J. Marzulla, Asst. Atty. Gen., Jacques B. Gelin and Gary B. Randall. Also on the brief was Howard L. Hills, U.S. Dept. of State, Washington, D.C., of counsel.

Before SMITH, Circuit Judge, SKELTON, Senior Circuit Judge, and NIES, Circuit Judge.

NIES, Circuit Judge.

These appeals are from the final judgments of the Claims Court in Peter v. United States, 13 Cl.Ct. 691 (1987), and Nitol v. United States, 13 Cl.Ct. 690 (1987), dismissing the complaints of inhabitants of the Enewetak, Rongelap, and other Marshall Islands Atolls for lack of subject matter jurisdiction. In dismissing the subject complaints, the Claims Court relied on its decision of the same date in Juda v. United States,...

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