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AKTEPE v. USA

No. 96-2167.

105 F.3d 1400 (1997)

Ahmet AKTEPE, as personal representative of the estate of his son, Serkan Aktepe, deceased, Celal Kilinc, as personal representative of the estate of his son Mustafa Kilinc, deceased, Karim Aslan, Tayfun Balkan, Fahrettin Balkir, Mehmet Basal, Meftun Dirman, Necati Erol, Murat Gunes, Nizamettin Guz, Fazli Kesgun, et al., Plaintiffs-Appellants, v. USA, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 20, 1997.

Attorney(s) appearing for the Case

G.J. Rod Sullivan, Jr., Sullivan & Boyd, Jacksonville, FL, Paul H. Due, Kirk A. Guidry, Due, Caballero, Price & Guidry, Baton Rouge, LA, Lewis O. Unglesby, Unglesby & Koch, Baton Rouge, LA, David W. Robertson, Austin, TX, for Plaintiffs-Appellants.

David V. Hutchinson, Trial Attorney, Asst. Director, Admiralty, Torts Branch, Douglas N. Letter, Civil Division, U.S. Dept. of Justice, Washington, DC, for Defendant-Appellee.

Before COX and BLACK, Circuit Judges, and FAY, Senior Circuit Judge.

BLACK, Circuit Judge:

Approximately 300 Turkish Navy sailors appeal the district court's order granting summary judgment in favor of the United States on their claims for death and personal injury suffered when two missiles fired from the USS SARATOGA (Saratoga) struck their vessel during North Atlantic Treaty Organization (NATO) training exercises. As this case presents a nonjusticiable political question, we affirm the district court's grant of summary judgment...

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