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STEVENS v. BATTELLE MEMORIAL INSTITUTE

No. 05-15088.

561 F.3d 1200 (2009)

Maureen STEVENS, as personal representative of the Estate of Robert Stevens, deceased, Plaintiff-Appellee, v. BATTELLE MEMORIAL INSTITUTE, a foreign corporation, Defendant-Appellant, Bioport Corp., a foreign corporation, et al., Defendants. Maureen Stevens, as Personal Representative of the Estate of Robert Stevens deceased, and on behalf of Maureen Stevens, individually, Nicholas Stevens, Heidi Hogan, and Casey Stevens, survivors, Plaintiff-Appellee, v. United States of America, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 6, 2009.

Attorney(s) appearing for the Case

Tami Lyn Azorsky, William Thomas O'Brien, McKenna, Long & Aldridge, LLP, H. Thomas Byron, III, Douglas N. Letter, U.S. Dept. of Justice, Civ. Div., Washington, DC, Martin B. Woods, Marissa D. Kelley, Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, Ft. Lauderdale, FL, for Defendants-Appellants.

Philip M. Burlington, Burlington, & Rockenbach, P.A., West Palm Beach, FL, for Stevens.

Before BARKETT and KRAVITCH, Circuit Judges, and TRAGER, District Judge.

PER CURIAM:

This case arises out of a tort, lawsuit that is controlled by Florida law. The underlying facts are as follows:

In the fall of 2001, an unknown group or individual mailed letters containing Bacillus Anthracis ("anthrax") to recipients in Florida, New York, and Washington, D.C. One such letter was mailed to American Media, Inc. ("American Media") in Boca Raton, Florida where Robert Stevens ("Mr. Stevens") worked. Mr. Stevens became ill and...

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