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FORD EX REL. ESTATE OF FORD v. GARCIA

No. 01-10357.

289 F.3d 1283 (2002)

William P. FORD, for and on behalf of the ESTATE OF Ita C. FORD, Julia Clark Keogh, for and on behalf of the Estate of Mary Elizabeth Clarke, a.k.a. Maura Clarke, et al., Plaintiffs-Appellants, v. Jose Guillermo GARCIA, an individual, Carlos Eugenio Vides-Casanova, an individual, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 30, 2002.

Attorney(s) appearing for the Case

Peter Charles Choharis, Mayer, Brown & Platt, Washington, DC, for Plaintiffs-Appellants.

Kurt R. Klaus, Jr., Miami, FL, for Defendants-Appellees.

Before CARNES, BARKETT and KRAVITCH, Circuit Judges.

KRAVITCH, Circuit Judge:

The main issue presented in this appeal, one of first impression in the federal courts, is the allocation of the burden of proof in a civil action involving the command responsibility doctrine brought under the Torture Victim Protection Act. This appeal also presents the issue of whether the district court committed reversible error in allowing a defense witness to testify as an expert where Defendants...

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