SIMON v. REPUBLIC OF IRAQ

Nos. 06-7175, 06-7178.

529 F.3d 1187 (2008)

Robert SIMON, et al., Appellants v. REPUBLIC OF IRAQ, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 24, 2008.


Attorney(s) appearing for the Case

Michael Rips argued the cause for appellants. With him on the briefs were Stephen A. Fennell, Anthony F. Cavanaugh, Anthony A. Onorato, Justin B. Perri, and Alice Loughran.

Eric J. Hecker, Richard D. Emery, and Sarah Netburn were on the brief for amici curiae Ethel Hurst, et al. in support of appellants.

Lawrence H. Martin argued the cause for appellees. With him on the briefs were Gare A. Smith, Sarah A. Altschuller, Timothy B. Mills, and Jonathan S. Franklin.

Opinion for the Court filed by Circuit Judge GINSBURG.


GINSBURG, Circuit Judge:

The plaintiffs in these two consolidated actions sued Iraq, the Iraqi Intelligence Service, and Saddam Hussein (together, Iraq) alleging they had tortured and taken certain of them hostage during the 1990-91 Gulf War. The plaintiffs relied upon 28 U.S.C. § 1605(a)(7), the exception in the Foreign Sovereign Immunities Act (FSIA), § 1602 et seq., that allowed for lawsuits

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