Opinion for the court filed by Chief Judge MIKVA, except as to Part II(C).
Opinion for the court as to Part II(C) filed by Circuit Judge BUCKLEY.
Opinion dissenting in part filed by Chief Judge MIKVA.
MIKVA, Chief Judge:
On September 1, 1983, a Korean Air Lines ("KAL") Boeing 747 airliner was shot down somewhere over the Sea of Japan by one of the Soviet Union's SU-15 interceptor aircraft, killing all 269 persons on board.
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