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SPINELLI v. GOSS

No. 05-5270.

446 F.3d 159 (2006)

Gianpaolo SPINELLI, Appellee v. Porter J. GOSS, Director of the Central Intelligence Agency, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided May 5, 2006.

Attorney(s) appearing for the Case

Jonathan H. Levy, Attorney, U.S. Department of Justice, argued the cause for appellants. With him on the briefs were Peter D. Keisler, Assistant Attorney General, Kenneth L. Wainstein, U.S. Attorney, and Mark B. Stern, Attorney.

Roy W. Krieger argued the cause for appellee. With him on the brief was Mark S. Zaid.

Before: RANDOLPH and TATEL, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge.

This is an interlocutory appeal from a district court order denying a motion to dismiss portions of a complaint. The complaint alleged as follows. While on an overseas assignment for the Central Intelligence Agency in 1993, Gianpaolo Spinelli suffered multiple gunshot wounds. He received treatment at an Army hospital abroad and further treatment upon his return to the United States...

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