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KILBURN v. SOCIALIST PEOPLE'S LIBYAN ARAB

No. 03-7117.

376 F.3d 1123 (2004)

Blake KILBURN, Individually on his own behalf, and as Executor of the Estate of Peter C. Kilburn, deceased, Appellee, v. SOCIALIST PEOPLE'S LIBYAN ARAB JAMAHIRIYA and Libyan External Security Organization, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided July 30, 2004.

Attorney(s) appearing for the Case

Arman Dabiri argued the cause and filed the briefs for appellants.

Douglas Hallward-Driemeier, Attorney, U.S. Department of Justice, argued the cause for amicus curiae United States of America in support of appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General, Roscoe C. Howard, Jr., U.S. Attorney, Douglas N. Letter, Counsel, and Mark Clodfelter, Assistant Legal Advisor, Department of State.

Stuart H. Newberger argued the cause for appellee Blake Kilburn. With him on the brief were Clifton S. Elgarten and Michael L. Martinez.

Before: GINSBURG, Chief Judge, and GARLAND and ROBERTS, Circuit Judges.

Opinion for the court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

This case arises out of the kidnapping and murder of an American citizen in Lebanon between November 1984 and April 1986. Libya appeals from the denial of its motion to dismiss the case, arguing that sovereign immunity protects it from suit and that the plaintiff lacks a viable cause of action. We reject the first contention, concluding that the "terrorism exception" of the Foreign...

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