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EL-SHIFA PHARMACEUTICAL INDUSTRIES CO. v. U.S.

No. 07-5174.

559 F.3d 578 (2009)

EL-SHIFA PHARMACEUTICAL INDUSTRIES COMPANY and Salah El Din Ahmed Mohammed Idris, Appellants v. UNITED STATES of America, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided March 27, 2009.

Attorney(s) appearing for the Case

Christian G. Vergonis argued the cause for appellants. With him on the briefs were Stephen J. Brogan, Timothy J. Finn, and Katherine E. Stern.

C. Frederick Beckner III, Deputy Assistant Attorney General, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, and Mark B. Stern and Dana J. Martin, Attorneys.

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

GRIFFITH, Circuit Judge:

In 1998, the President of the United States ordered a missile strike against a pharmaceutical plant in Sudan that he believed was connected to the terrorist activities of Osama bin Laden. The owners of the plant sued the United States, challenging several allegedly defamatory statements made by senior executive branch officials justifying the strike as well as the government's failure to compensate...

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