Nos. 1241, 1572 and 1573, Dockets 95-7930, 95-7931 and 95-7942.

101 F.3d 239 (1996)

Bruce SMITH, as personal representative of Ingrid Smith, deceased and on behalf of all others similarly situated; Paul S. Hudson, personal representative of the Estate of Melina K. Hudson, deceased; Bruce D. Abbott; et al., Plaintiffs-Appellants, v. SOCIALIST PEOPLE'S LIBYAN ARAB JAMAHIRIYA; Libyan External Security Organization, also known as Jamahiriya Security Organization; Libyan Arab Airlines, Defendants-Appellees, Abdel Basset Ali Al-Megrahi, also known as Abdelbaset Ali Mohmed, also known as Adbelbaset Ali Mohmed Al Megrahi, also known as Mr. Baset, also known as Ahmed Khalifa Abdusamad, also known as Abd Al-Basit Al-Magrahi, and Lamen Khalifa Fhimah, also known as Al Amin Khalifa Fhimah, also known as Mr. Lamin, Defendants.

United States Court of Appeals, Second Circuit.

Decided November 26, 1996.

Order Recalling Mandate and Modifying Opinion February 10, 1997.

Attorney(s) appearing for the Case

Timothy C. Russell, Washington, DC (Douglas E. Rosenthal, Daniel N. Segal, Daniel J. Shonkwiler, Sonnenschein Nath & Rosenthal, Washington, DC; Douglas R. Rutzen, Int'l Center for Not-for-Profit Law, Washington, DC; Michael Reisman, Yale Law School, New Haven, CT; Allan Gerson, Mark S. Zaid, Washington, DC; Richard Emery, Andrew Celli, New York City; on the brief), for plaintiffs-appellants.

John R. Bartels, Jr., Bartels & Feureisen, White Plains, NY (Robert C. Mirone, Mirone & Shields, New York City; Abdelhay Sefrioui, Abdelhay et Anne Sefrioui, Paris, France, on the brief), for defendants-appellees.

(John F. Welsh, Scott A. Birnbaum, Richard S. Sanders, Testa, Hurwitz & Thibeault, Boston, MA; Nathan Levin, Julie L. Mendel, submitted a brief, for amicus curiae International Association of Jewish Lawyers and Jurists (American Section)).

(Johnathan B. Schwartz, Linda Jacobson, Mary Catherine Malin, Office of the Legal Adviser, U.S. Dept. of State, Washington, DC; Frank W. Hunger, Stephen W. Preston, Douglas N. Letter, Freddi Lipstein, Civil Div., U.S. Dept. of Justice, Washington, DC, submitted a brief, for amicus curiae, United States of America).

Before: NEWMAN, Chief Judge, OAKES and PARKER, Circuit Judges.

JON O. NEWMAN, Chief Judge:

In Kadic v. Karadzic, 70 F.3d 232 (2d Cir.1995), this Court ruled that a violation of certain fundamental norms of international law can be redressed by a civil suit brought in a United States district court against private citizens under the Alien Tort Claims Act, 28 U.S.C. § 1350 (1994). The pending appeal presents the issue of whether such violations can be redressed by a civil suit...

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