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ACREE v. REPUBLIC OF IRAQ

No. 03-5232.

370 F.3d 41 (2004)

Clifford ACREE, Colonel, et al., Appellees, v. REPUBLIC OF IRAQ, et al., United States of America, Appellant

United States Court of Appeals, District of Columbia Circuit.

Decided June 4, 2004.

Attorney(s) appearing for the Case

Gregory G. Katsas, Deputy Assistant Attorney General, U.S. Department of Justice, argued the cause for appellant. With him on the brief were Peter D. Keisler, Assistant Attorney General, Roscoe C. Howard, Jr., U.S. Attorney, Douglas N. Letter, H. Thomas Byron, III, Douglas Hallward-Driemeier, and Lewis Yelin, Attorneys.

Stewart A. Baker argued the cause for appellee Clifford Acree, et al. With him on the brief were Stephen A. Fennell, Bennett Evan Cooper, and John Norton Moore.

Daniel J. Popeo and Paul D. Kamenar were on the brief for amici curiae in support of appellees.

Before: EDWARDS, TATEL, and ROBERTS, Circuit Judges.

Opinion for the Court filed by Circuit Judge EDWARDS.

Opinion concurring in part and concurring in the judgment filed by Circuit Judge ROBERTS.

HARRY T. EDWARDS, Circuit Judge:

Appellees in this case are 17 American soldiers, joined by their close family members, who were captured and held as prisoners of war by the Iraqi Government while serving in the Gulf War in early 1991. Appellees brought suit in the...

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